UNION BANK OF NIGERIA LTD v . TROPIC FOODS LTD

(1991) JELR 80321 (CA)    
Court of Appeal  ·  CA/B/259/90 ·  5 Dec 1991 ·  Nigeria
 · 
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…

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