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
learned trial judge
assets of the 1st plaintiff
grounds of appeal
interlocutory orders of the court
manager of the 1st plaintiff
order of injunction
rules of this court
appointment of the 2nd plaintiff
counsel of both parties
duty of the counsel of both parties
entire originating summons
exercise of the power of the receiver
ex parte motion
filing of the summons
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
nigeria cement company ltd. v
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
support of the original summons
type of attitude
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…
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