(1991) JELR 45330 (SC)    

Supreme Court  ·  SC.115/1989 ·  10 May 1991 ·  Nigeria
Other Citations
Jannasons Co. Ltd. v. Uzor (1991) 4 NWLR (Pt.183) 1 (1991) All NLR 280 (1991) 5 S.C 28
Jannasons Co. Ltd. v. Uzor (1991) 4 NWLR (Pt. 183) 1
ANDREWS OTUTU OBASEKI Justice of The Supreme Court of Nigeria MUHAMMADU LAWAL UWAIS Justice of The Supreme Court of Nigeria SAIDU KAWU Justice of The Supreme Court of Nigeria ABUBAKAR BASHIR WALI Justice of The Supreme Court of Nigeria OLAJIDE OLATAWURA Justice of The Supreme Court of Nigeria
Core Terms Beta
court of appeal
legal title
parcel of land
grounds of appeal
nigeria police
19th day of may
3rd defendants
foundation of a building
possession of the parcel of land
3rd defendants-respondents
circumstances of the case
determination of the above case
managing director of the plaintiff company
onitsha native law
order of the court
ordinary legal remedies
subject-matter of this suit
3rd respondents
above case
a. o. obaseki
company of others unknown
honourable court
interlocutory appeal
judgment of the lagos state high court
leading judgment
lead judgment of uwaifo
learned judge
learned trial judge
mere legal title
onitsha-owerri road
plaintiff company quit
possession of the said parcel of land
relevant paragraphs of the said affidavit
ruling of the learned trial judge
said land
said parcel
said parcel of land
submissions of counsel
such appointment
such further order
suit no.
support of the application
view of the above statement

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:


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…

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