ODUYEMI, J.C.A. (Delivering the Leading Judgment): By an application filed in the Abuja Judicial Division of the Federal High Court on 1st July, 1999 the appellants in this court (as plaintiffs) caused to be issued against the respondents in this court (as defendants) a writ of summons in the following terms:-
"1. A declaration that there is no receivership in existence such as to warrant the 2nd defendant, to take over the assets, (movable and immovable) of Mennoil Petroleum and Petrochemicals Limited since condition precedents such as:
(a) Registration of at Corporate Affairs Commission; and
(b) Court approval of the action of receiver have not been complied with.
2. A declaration that the purported appointment of the 2nd defendant as a receiver of the nominal party i.e. Mennoil Petroleum and Petrochemicals Limited through a deed of appointment in the terms of a Deed of Mortgage Debenture dated the 18th of May, 1999 is null and void and of no consequence, in that necessary condition…