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A Critical Examination of section 69 Alone in the Absence of Section 39 of Company and Allied Matters Act:Company's Powerwith Regard to the Enforcement of a Contract Entered into Ultra Vires.

Authors: OYAGIRI Buduka

Publication Type: Chapters in Books

Journal: Faculty Of Law Ajayi Crowther University

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Abstract

Abstract

One thing that appears common in sections 39 and 69 of Company and Allied Matters Act (CAMA) of 1990, is the reference to Memorandum and Articles of Association and the restriction on the powers so granted, the extent of liability of a Company to a party not being member of the company and in some cases members of the company; in a contract entered ultra vires a company's power. But if one is to go any further to suggest; the combined effect of these sections when read together could suggest the “Void” and “is not invalid” of a contract entered by a company ultra vires its power in the objects clause. The working of the wordings of the Act and the legal consequences that may attach to such contracts and by extension, the question whether the doctrine of constructive notice is still applicable law in Nigeria and principally, if so; if not so, can a party to a contract with a company enforce the contract in the absence of section 39 of CAMA deserves our attention and if we can in our attempt, modestly show the gap in the legislation and clear up a bit of the confusion and speculation on the current position of the law in this respect.

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OYAGIRI,B. . (2019). A Critical Examination of section 69 Alone in the Absence of Section 39 of Company and Allied Matters Act:Company's Powerwith Regard to the Enforcement of a Contract Entered into Ultra Vires., 1 (), 335-335.

OYAGIRI,B. . "A Critical Examination of section 69 Alone in the Absence of Section 39 of Company and Allied Matters Act:Company's Powerwith Regard to the Enforcement of a Contract Entered into Ultra Vires." 1, no (), (2019): 335-335.

OYAGIRI,B. and . (2019). A Critical Examination of section 69 Alone in the Absence of Section 39 of Company and Allied Matters Act:Company's Powerwith Regard to the Enforcement of a Contract Entered into Ultra Vires., 1 (), pp335-335.

OYAGIRIB, . A Critical Examination of section 69 Alone in the Absence of Section 39 of Company and Allied Matters Act:Company's Powerwith Regard to the Enforcement of a Contract Entered into Ultra Vires.. 2019, 1 ():335-335.

OYAGIRI,Buduka , . "A Critical Examination of section 69 Alone in the Absence of Section 39 of Company and Allied Matters Act:Company's Powerwith Regard to the Enforcement of a Contract Entered into Ultra Vires.", 1 . (2019) : 335-335.

O.Buduka , "A Critical Examination of section 69 Alone in the Absence of Section 39 of Company and Allied Matters Act:Company's Powerwith Regard to the Enforcement of a Contract Entered into Ultra Vires." vol.1, no., pp. 335-335, 2019.

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