Customer Support

ABIOLA & SONS BOTTLING COMPANY LTD
V.
SEVEN-UP BOTTLING COMPANY LTD & ORS

(2012) JELR 34781 (SC)

Supreme Court 6 Jul 2012 Nigeria
BriefBot icon

BriefBot Summary

Free

- The appellant obtained a loan of N3.5 million from the 3rd respondent bank, secured by a Debenture Deed. Due to default on repayment, the 2nd respondent was appointed receiver/manager and sold some of the appellant's assets to the 1st res

Case Details

Suit Number:SC.87/2005
Judges:IBRAHIM TANKO MUHAMMAD JSC JOHN AFOLABI FABIYI JSC SULEIMAN GALADIMA JSC BODE RHODES-VIVOUR JSC NWALI SYLVESTER NGWUTA JSC
Counsel:Dr. J. O. Olatoke with him D. A. Ariyoosu, A. O. Popoola, S. T. Abubakar, B. O. Omodara, O. W. Akanbi, F. Aweda For the Appellant; A. A. Adegbonmire with S. Mann For the Respondent.

BODE RHODES-VIVOUR, J.S.C. (Delivering the Leading Judgment): The 3rd Respondent/cross-appellant is one of the Appellant's Bankers. It granted loans amounting to 3.5 Million (Three Million and Five Hundred Thousand Naira) to the Appellant. The loan was secured by a Debenture Deed dated the 27th of November, 1986 in favour of the 3rd respondent. Owing to the appellant's default in repaying the loan with interest, the 3rd respondent/cross-appellant relied on a provision in the Debenture Deed, and appointed the 2nd respondent/cross appellant the Receiver/Manager over the assets of the appellant. In performing his duties the 2nd respondent/cross appellant sold some of the assets of the appellant to the 1st respondent.

Alarmed by the sale of its assets the appellant, as plaintiff took out a Writ of Summons in a Kwara State High Court, Ilorin Division, against the respondents/cross appellants' for:

i. A DECLARATION that the removal, sale, disposal of and/or sharing by the defendant of the (…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 77,000 cases, recent judgments, statutes, and rules of court.