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OCEANIC BANK & ANOR
V.
SIGMA APARTMENTS LTD

(2018) JELR 39114 (CA)

Court of Appeal 28 Feb 2018 Nigeria
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Case Details

Suit Number:CA/A/349/2012
Judges:ABDU ABOKI Justice of The Court of Appeal of Nigeria EMMANUEL AKOMAYE AGIM Justice of The Court of Appeal of Nigeria MOHAMMED MUSTAPHA Justice of The Court of Appeal of Nigeria
Counsel:Chike Akalonu Esq. For Appellant A. Adeyemo Esq. with him, S. Salihu Esq. For Respondent

MOHAMMED MUSTAPHA, J.C.A. (Delivering the Leading Judgment): This appeal is against the decision of the Federal High Court, Abuja; Coram Hon. Justice A. Abdu-Kafarati, delivered on the 15th day of March, 2012: in Suit No: FHC/ABJ/CS/577/2011.

Facts in Brief:

The Respondent herein as the plaintiff through its Statement of Claim dated 7th June, 2017, sought for the following declarative reliefs against the Appellants/Defendants before the trial Court jointly and severally:-

a. A declaration that the 1st Defendant's power of appointment of Receiver/Manager under the debenture dated 7th May 2006 and registered at the Corporate Affairs Commission (CAC) on 27th July, 2007 did not include the property known and called SIGMA APARTMENTS" covered by Certificate of Occupancy No. 18CFW-12-ABC-6723-DEF-8U-20 lying, being and situate at No. 1 Embu Street, Off Aminu-Kano Crescent, Wuse II, FCT Abuja.

b. A declaration that the advertisement of the property known and called "SIGMA APARTMENTS" covered by C…

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