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CaseLaw

UNIBIZ V. CBCLL (2003) CLR 2(f) (SC)

Judgement delivered on February 21st 2003

Brief

  • Receiver
  • Order of court

Facts

This appeal is against the judgment of the Court of Appeal (Lagos Division: Coram Oguntade, Galadima, Aderemi JJCA). The leading judgment of the Court was delivered by Aderemi, JCA, with which the other Justices concurred, dismissed the appeal of the Appellant from the ruling made by Okeke J, of the Federal High Court, Lagos. The action was commenced by the Respondents, who as applicants before the Federal High Court, with an Ex-parte Originating Summons for the following orders:

  • 1
    "An order of this Honourable Court directing the Receiver to take g such steps as may be necessary to realise the assets of the Respondent with a view to paying its outstandings to the applicant.
  • 2
    An order of this Honourable Court restraining the Respondent, its agents, privies and assigns including but not limited to its directors, and officers from doing anything that would prevent the Receiver from performing his lawful duties as a Receiver.
  • 3
    And for such further order or orders as this Honourable Court may deem fit to make in the circumstances."

The Federal High Court granted the orders sought by the Respondent. The Appellant's appeal to the Court of Appeal was dismissed. The Appellant therefore appealed to the Supreme Court.

Issues

  • i
    Who is the proper party that has locus standi as between a Debenture...
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