FAGBOLA
V.
TITILAYO PLASTIC INDUSTRIES LTD. & ORS

(2003) JELR 44766 (CA)    

Court of Appeal  ·  CA/B/120/2001 ·  7 Aug 2003 ·  Nigeria
 · 
Other Citations
Fagbola v. Titilayo Plast. Ind. Ltd. (2005) 2 NWLR (Pt.909)1
Fagbola v. Titilayo Plast. Incl. Ltd. (2005) 2 NWLR (Pt. 909) 1
CORAM
RABIU DANLAMI MUHAMMAD Justice of The Court of Appeal of Nigeria MUHAMMAD SAIFULLAHI MUNTAKA-COOMASSIE Justice of The Court of Appeal of Nigeria KUMAI BAYANG AKAAHS Justice of The Court of Appeal of Nigeria
Core Terms Beta
court
order
originating summons
respondents
learned trial judge
counter-affidavit
trial court
assets of the 1st plaintiff
leading judgment
lower court
grounds of appeal
interlocutory orders of the court
issues
manager of the 1st plaintiff
muntaka-coomassie
ondo state
order of injunction
parte motion
rules of this court
appointment of the 2nd plaintiff
controversial issues
counsel of both parties
duty of the counsel of both parties
entire originating summons
exercise of the power of the receiver
ex parte motion
expiry date
filing of the summons
following orders
important part of the process
invitation of the registrar of the court
just determination of the appeal
justices of this court
manager of the assets of the 1st plaintiff
matter of practice
much ado
nigeria cement company ltd. v
paragraphs affidavit
record of proceeding
respective briefs of arguments
respondents brief of argument
right of the 3rd plaintiff
said assets of the 1st plaintiff
said originating summons
substantive case
support of the original summons
trial judge
type of attitude
wrong decision

MUNTAKA-COOMASSIE, J.C.A. (Delivering the Leading Judgment): The respondents in an originating summons dated 23rd March, 2000 claimed against the defendant/appellant as follows:

"1. A declaration that the right of the 3rd plaintiff as the holder of a floating debenture over the assets of the 1st plaintiff having arisen, the appointment of the 2nd plaintiff as a receiver/manager of the assets of the 1st plaintiff, vide the deed of appointment dated 27/1/99 is proper, valid and subsisting.

2. A declaration that the receiver/manager of the 1st plaintiff is entitled to the possession of all the assets and monies of the 1st plaintiff (excluding land) wherever located.

3. A declaration that the 2nd plaintiff as receiver/manager of the 1st plaintiff is entitled to exercise any and/all the power conferred on him by the security documents and any other law in that regard.

4. An order that the defendant immediately deliver the statement of affairs of the 1st plaintiff to the 2nd plaintiff th…

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 20,000 cases, recent judgments, statutes, and rules of court.

Get started   Login