OYEBISI F. OMOLEYE, J.C.A (Delivering the Leading Judgment): This is an appeal against the Ruling of Hon. Justice S. J. Adah of the Federal High Court sitting in Abuja delivered on 7/10/2004.
The facts which led to the proceedings in the trial court are as follows:
On 16/01/1998, the Central Bank of Nigeria revoked the banking licence of Commerce Bank Plc. and appointed the Appellant, Nigeria Deposit Insurance Corporation, NDIC the Official Receiver/Provisional Liquidator. The appointment was affirmed by the Federal High Court per Sanyaolu J. on 03/04/1998. In the course of its duty as Liquidator, the Appellant discovered that the Bank in liquidation has a property, an expanse of land at Mararaba Guruku, Nasarawa State on which some people had trespassed. On 17/12/2003, the Appellant sought and obtained the leave of the trial court to sue as liquidator. Pursuant to the leave of court, the Appellant took out a Writ of Summons against the Respondents, The Respondents entered a conditio…