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TATE INDUSTRIES PLC.
V.
DEVCOM MERCHANT BANK LTD.

(2000) JELR 42630 (CA)

Court of Appeal 19 Apr 2000 Nigeria
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- The Federal High Court ordered the winding up of the appellant company for inability to pay its debts and appointed the Official Receiver to take control of its assets; the appellant appealed and sought injunctive relief in both the Feder

Case Details

Suit Number:CA/L/81M/99
Judges:ATINUKE OMOBONIKE IGE Justice of The Court of Appeal of Nigeria PIUS OLAYIWOLA ADEREMI Justice of The Court of Appeal of Nigeria KUMAI BAYANG AKAAHS Justice of The Court of Appeal of Nigeria
Counsel:Bambo Adesanya (with him, A.O. Adesanya (Miss) For Appellant Lame Ogulesi For Respondent
Other Citations:Tate Ind. Plc v. Devcom Merchant Bank Ltd. (2000) 15 NWLR (Pt.689) 158

IGE, JCA (Delivering the Leading Ruling): On 6/8/98, the Federal High Court ordered that the appellant/applicant company be wound up for inability to pay its debts and consequently appointed the official Receiver of the Federal High Court to take charge of the affairs of the company as required by law. The appellant/ applicant is dissatisfied with this order and has appealed to this court.

In the interim, the applicant filed a motion before the lower court seeking the following orders:-

(1) An injunction restraining the official Receiver of the Federal High Court from selling or in any other way parting with the properties of the Appellant/Applicant at the Otta Factory, Ogun State pending the determination of the appeal herein.

(2) An order that the business operations of the Appellant/Applicant at the Otta Factory site be carried on by the Appellant/Applicant under the supervision of the Official Receiver aforesaid pending the determination of the appeal.

(3) An order that the takin…

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