U. A. KALGO, J.S.C. (Delivering the Leading Judgment): This is an appeal against the decision of the Court of Appeal, Jos Division, delivered on the 23rd day of March, 1993. The respondents herein were the plaintiffs and the appellants were the defendants in the High Court of Justice, Jos.
The respondents, in their writ of summons and the further amended statement of claim, claimed against the appellants, the following reliefs:-
"(a) An order nullifying the purported appointment of the 2nd defendant as the Receiver/Manager of the plaintiff, AND in addition or alternatively.
(b) An order declaring that the receipt and retention of the sum of N1.3m belonging to the plaintiff by the 1st defendant is wrongful.
(c) N2,275,000.00 as special damages;
(d) N125,000.00 as general damages;
(e) cost of this action."
Pleading were then ordered, filed and exchanged between the parties.
Thereafter the case proceeded to trial at the end of which the case was adjourned for judgment. In a fairly len…