UMAR
V.
WHITE GOLD GINNERY NIG. LTD

(2006) JELR 50909 (CA)    

Court of Appeal  ·  CA/K/76/03 ·  21 Nov 2006 ·  Nigeria
CORAM
BABA ALKALI BA'ABA JCA (Presided) OLUKAYODE ARIWOOLA JCA
Core Terms Beta
court
appellants
company
learned trial judge
locus standi
white gold ginnery ltd
exhibits
guaranty trust bank plc
instant case
notice of appeal
white gold ginnery ltd.
2nd applicant
notice of preliminary objection
1st applicant
grounds of appeal
printed record
supreme court
white gold ginnery nig
deed of appointment of receiver
issue of estoppel
legal capacity
trial court
assets of the company
ibrahim umar esq
ruling of the federal high court
treatment of exhibit nu3 whereby issues
1st appellant’s alleged appointment
a appeal
abuse of court process
affidavit of urgency
assets of the respondent
circumstances of this case
exhibits nu1
f-g.
following orders
following reasons
given forum
hearing date
indemnity of the white gold ginnery
jurisdiction of the honourable court
manager of the respondent
mr. mustapha taher
nigeria police force
preliminary objection of the respondent
respective briefs of argument
subjec t-matt er
subject of the mortgage debenture deeds
support of the preliminary objection

KEKERE-EKUN JCA (Delivering the Lead Judgment): This is an A appeal against the ruling of the Federal High Court, Kano delivered on 14/11/02 upholding the preliminary objection of the respondent herein (who was also the respondent at the court below) to an application filed by the appellants (who were the applicants) for orders relating to the 1st appellant’s alleged appointment as receiver/manager of the respondent on the ground that the appellants had no locus standi to bring the application. By a motion on notice dated 24/4/02, the appellants sought the following orders from the trial court:

“An order directing that Ibrahim Umar Esq., being duly appointed receiver/manager of the respondent White Gold

Ginnery Nig. Ltd (“the Company”) has the right and duty to take immediate possession of the affairs and assets of the respondent, the subject of the Mortgage Debenture Deeds entered into between the defendant and Guaranty Trust Bank Plc, the 2nd applicant (“the Bank”).

An order direct…

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