Customer Support

NBCI & ANOR.
V.
ALFIJIR (MINING) NIGERIA LTD.

(1999) JELR 43786 (SC)

Supreme Court 17 Dec 1999 Nigeria
BriefBot icon

BriefBot Summary

Free

- The respondent, a company engaged in stone crushing, obtained a loan from the 1st appellant bank secured by an Investment and Mortgage Agreement (Exhibit 14), with express provisions for the appointment of a receiver/manager upon default.

Case Details

Suit Number:SC.227/1993
Judges:SALIHU MODIBBO ALFA BELGORE Justice of The Supreme Court of Nigeria EMMANUEL OBIOMA OGWUEGBU Justice of The Supreme Court of Nigeria OKAY ACHIKE Justice of The Supreme Court of Nigeria UMARU ATU KALGO Justice of The Supreme Court of Nigeria EMMANUEL OLAYINKA AYOOLA Justice of The Supreme Court of Nigeria
Counsel:Chief T. A. Ezeobi For Appellant Respondent absent and unrepresented. For Respondent
Other Citations:N.B.C.I. v. Alfijir (Mining) Nig. Ltd. (1999) 14 NWLR (Pt. 638)179 (1999) 12 S.C (Pt II) 169

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…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 77,000 cases, recent judgments, statutes, and rules of court.