UNION BANK OF NIGERIA LTD v . TROPIC FOODS LTD

(1991) JELR 80321 (CA)

Court of Appeal · CA/B/259/90 · 5 Dec 1991 · Nigeria
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Other Citations

1992] 3 NWL.231

CORAM

YEKINI OLAYIWOLA ADIO, J.C.A.(Presided) JUSTIN THOMPSON AKPABIO, J.C.A. AKINTOLA OLUFEMI EJIWUNMI, J.C.A. (Read the Leading Judgment)

Core Terms ^Beta

respondent

appellants

manager

receiver

company

lower court

legal right

order of interlocutory injunction

learned trial judge

debenture holder

grounds of appeal

appointment of a receiver

order of injunction

companies act

orders of interlocutory injunction

appointment of mr. joseph munis

following cases

respondent company

such capacity

basic facts

debtor company

determination of the case

manager of the assets of the respondent

mortgage debenture

nullification of the deed of mortgage

record of proceeding

ap order

appellants prayer

constitutional right

event of the respondent

favour of the appellants

first executive act of the said receiver

good case

grant of an injunction

high court

high court of bendel state

leading judgment

learned judge akpovi

learned judge of the lower court

manager show

page of the record

page of the record of proceedings

receiver manager

respective briefs of arguments

restraining orders

right of the respondent

said debt

said mortgage debenture

see missini

terminal effect of the very existence of the respondent

EJIWUNMI, J.C.A. (Delivering the Leading Judgment): The main question calling for determination in this appeal is whether the learned judge of the lower Court. Akpovi. J, (as he then was) was right to have made orders of interlocutory injunction against the appellants restraining them from commencing winding up proceedings against the respondent from appointing a Receiver/Manager or purporting to validate the appointment of Mr. Joseph Munis as Receiver Manager or his agents or proxies to, act in such capacity pending the hearing and the determination of the case, suit. No B/470/89.

Before I consider the submissions of learned Counsel for the parties in their respective briefs of arguments it is necessary to set out the basic facts that led to this appeal. 1 need to say that the facts which I am about to state were as much as could be gathered from record of proceeding which were prepared by the appellants. This was a result of the leave granted to the appellants prayer For ap order dir…