(1995) JELR 46029 (SC)    

Supreme Court  ·  SC.228/1991 ·  16 May 1995 ·  Nigeria
Other Citations
Prov. Liquidator, Tapp. Ind v Tapp Ind (1995) 5 NWLR (Pt.393)9 (1995-1996) All NLR 253
Prov. Liquidator, Tapp. Ind. v. Tapp Ind (1994) 5 NWLR (Pt. 393) 9
MUHAMMADU LAWAL UWAIS Justice of The Supreme Court of Nigeria ABUBAKAR BASHIR WALI Justice of The Supreme Court of Nigeria MICHAEL EKUNDAYO OGUNDARE Justice of The Supreme Court of Nigeria UTHMAN MOHAMMED Justice of The Supreme Court of Nigeria ANTHONY IKECHUKWU IGUH Justice of The Supreme Court of Nigeria
Core Terms Beta
provisional liquidator
extension of time
8th respondents
ex parte
1st respondent
2nd-8th respondents
learned trial judge
motion ex parte
mr. chike ofodile
order of court
tapp industry limited
violation of the fundamental right of fair hearing
complete timber impregnation plant
court order
federal high court
kva power no.
provisions of rule
such further order
6th respondents
above appointing order of the court
above terms
compulsory winding-up of the company
custody of the company
date of incorporation
determination of this appeal
following order
following orders
grant of injunctions
importance of the order
interim injunction
issue of fair hearing
leading judgment
lead judgment oguntade
learned justice of appeal
narrow question
order of the trial court
possession of all tapp industries ltd. property
relevant sections
respect of appointment of provisional liquidator
said appointing order
said exparte order
said site
support of this motion
trial court ex parte
view of allegations

OGUNDARE, J.S.C. (Delivering the Leading Judgment): The narrow question that calls for determination in this appeal is whether a provisional liquidator appointed by the court for a company can apply ex parte to the court for extension of time to complete his assignment and for an order to take custody of the company's property for safe keeping.

Francis Umeadi Onyekwelu a shareholder in Tapp Industry Limited had filed a petition in the Federal High Court holden at Enugu (Ofili, J.) for the compulsory winding-up of the company. The 2nd - 6th respondents who are the other shareholders, in the company, are joined in the petition as respondents. The company itself is the 1st respondent. The 7th and 8th respondents, were on their application joined as respondents in the proceedings by order of the trial court. With the consent of all the parties, the court, by order, appointed Mr. Chike Ofodile, S.A.N. as provisional liquidator to the company. Because of the importance of the order to the d…

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