Section 354 CAMA 2020
Section 354 Companies and Allied Matters Act is about Grounds upon which an application may be made. It is under Chapter 13 (Protection of minority against illegal and oppressive conduct action by or against the company) of the Act.
(1) An application for relief on the ground that the affairs of a company are being or have been conducted in an illegal or oppressive manner may be made to the Court by petition.
(2) An application to the Court by petition for an order under this sectionin relation to a company may be made by—
(a) a member of the company who alleges that—
(i) the affairs of the company are being or have been conducted in a manner that is oppressive or unfairly prejudicial to, or unfairly discriminatory against, a member or members, or in a manner that is or has been in disregard of the interests of a member or the members as a whole, or
(ii) an act or omission or a proposed act or omission, by or on behalf of the company or a resolution, or a proposed resolution, of a class of members, was, is or would be oppressive or unfairly prejudicial to, or unfairly discriminatory against, a member or members or was, is or would be in a manner which is in disregard of the interests of a member or the members as a whole ;
(b) any of the persons mentioned under section 353 (1) (b), (c) and (e)who alleges that—
(i) the affairs of the company have been or are being conducted in a manner oppressive or unfairly prejudicial to or discriminatory against orin a manner in disregard of the interests of that person, or
(ii) an act or omission, or a proposed act or omission was, is or would be oppressive or unfairly prejudicial to, or unfairly discriminatory against,or was or is in disregard of the interests of that person, or
(c) the Commission in a case where it appears to it in the exercise of its powers under the provisions of this Act or any other enactment that—
(i) the affairs of the company were or are being conducted in a manner that was or is oppressive or unfairly prejudicial to, or unfairly discriminatory against a member or members, or was or is in disregard of the public interest, or
(ii) any actual or proposed act or omission of the company, including an act or omission on its behalf which was, is or would be oppressive, or unfairly prejudicial to, or unfairly discriminatory against a member or members in a manner which was or is in disregard of the public interest.
