(2005) JELR 45160 (SC)    

Supreme Court  ·  SC.70/2000 ·  29 Apr 2005 ·  Nigeria
Other Citations
Unibiz Ltd. v. C.B.L. (2005) 14 NWLR (Pt.944) 47 (2005) 4 S.C 70 (2005) 4 S.C 70
MUHAMMADU LAWAL UWAIS Justice of The Supreme Court of Nigeria ALOYSIUS IYORGYER KATSINA-ALU Justice of The Supreme Court of Nigeria AKINTOLA OLUFEMI EJIWUNMI Justice of The Supreme Court of Nigeria NIKI TOBI Justice of The Supreme Court of Nigeria IGNATIUS CHUKWUDI PATS-ACHOLONU Justice of The Supreme Court of Nigeria
Core Terms Beta
court of appeal
evidence act
managing director
19th november
chief executive
following orders
mr. sunil bhojwani
said cars
such sale
daewoo racer saloon car
judgment debtor
leading judgment
matter of urgency return
order of this honourable court
toyota camry saloon cars
victoria island
affidavit of the respondent
anambra state
appeal lacks merit
assets of the respondent
careful reading of the affidavit
chief registrar of the court of the amount
copy of the alleged inventory
counter-affidavit of the appellant
flouting of the order of the high court
following cases
gate of the appellant
issuance of forms
issue no.1
issue of locus standi
light of the above orders
locus standi
plain clothes
premises of the said company
premises of unibiz nigeria limited
proper procedure
provisions of order ix rule
provisions of the judgment
trial court

TOBI, J.S.C. (Delivering the Leading Judgment): The appellant is the defendant. The respondent is the plaintiff. The appellant owed the respondent some money which the respondent claimed was N77,194,576.30 as at the end of September, 1999. The appellant failed to pay the amount. The respondent instituted an action by way of an originating summons for and on behalf of the receiver/manager against the appellant. The respondent asked for the following orders:

"1. An order of this honourable court directing the receiver to take steps as may be necessary to realize the assets of the respondent with a view to paying its outstanding to applicant.

2. An order of this honourable court restraining the respondent, its agents, privies and assigns including but not limited to its directors, and officers from doing anything that would prevent the receiver from performing his lawful duties as a receiver."

The trial court granted the two orders. Dissatisfied, the appellant appealed to the Court of …

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