S. KAWU, J.S.C. (Delivering the Leading Judgment): The main question for determination in this interlocutory appeal is whether the Court of Appeal was right in its decision, that the order made by Aneke, J. in suit No. 0/178/85 on 30th October, 1986, appointing a receiver was, in the circumstances of the case, erroneously made.
In the substantive suit, the appellant herein, as plaintiff, originally sued the 1st to 3rd respondents. The other defendants on record were later joined as parties by the court's order made pursuant to an application brought on their behalf.
In the substantive suit, the appellant's amended writ of summons reads as follows:
AMENDED CLAIM
1. The plaintiff is, and was at all times material to this action, the owner in possession of the parcel of land situate at the Onitsha-Owerri Road, Onitsha, and verged pink in the Plan No. SE/AN 13/78.
2. On the 19th day of May, 1982, the 2nd and 3rd defendants in the company of others unknown to the plaintiff broke and enter…