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AFRIC MINING COMPANY LIMITED V. NIGERIA INDUSTRIAL DEVELOPMENT BANK LIMITED

(1999) JELR 33811 (CA)

Court of Appeal  •  CA/K/226/97  •  15 Nov 1999  •  Nigeria

Coram
RABIU DANLAMI MUHAMMAD JCA; MAHMUD MOHAMMED JCA; VICTOR AIMEPOMO OYELEYE OMAGE JCA;

Judgement

R.D. MUHAMMAD, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of Okeke J of the Federal High Court, Kaduna Division where he refused to set aside the ex-parte order he made on 14th November, 1995. The facts of the case are as follows:-

On 10th October, 1995 the respondent filed a motion ex-parte seeking the following reliefs:-

"1. Confirming the appointment of Mr. M. O. Olabanji of No. 37, Western Avenue, Surulere, Lagos by the applicant as unpaid mortgagee, as the receiver over the assets and affairs of Afric Mining Company Ltd.

2. An order of injunction restraining the officers, Agents, Servants and/or privies of the Respondent from interfering, intermeddling or in any way obstructing or frustrating the duties of the Receiver appointed by the applicant as an unpaid mortgagee.

3. An order granting the appointed Receiver unrestricted access to enter upon and take over the Respondent's premises or any other place to take inventory of all items of plant…

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