By an application on notice brought under Section 20 of the Sheriffs and civil process Law (Cap.189) Laws of the Federation of Nigeria. Volume VI. 1958. at the Sokoto Judicial Division of the Federal High Court, holden in Jos. the Applicant on record sought from the respondents, in the same record, an Order compelling the latter to pay and make up the remaining half of their respective allotted shares standing against their respective names in order to satisfy the various demands of the creditors of the Rotag Assurance Company Limited and for other order or Orders as the Court may deem fit to make in the circumstances.

The Applicant, herein Appellant/Company, took the motion in the capacity of an appointed Liquidator of the Company registered as Rotag Assurance Company in course of being wound up. It is hereinafter referred to as "the Company".

The application was set down for hearing and determination before Odunowo J. who, on going through the entire affidavit evidence and the proceedings of the Court recorded between the 28th of March, and 10th of December, 1985 (see pages 26 to 46 of the compiled record), found for the Applicant Company on the following terms: