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S. KAWU, J.S.C. (Delivering the Leading Judgment): On the 22nd October, 1990 when this appeal came before this court, after hearing arguments of counsel on both sides, I allowed this appeal. I then indicated that I would give my reasons for the judgment today which I now do.
Briefly stated, the facts which gave rise to this appeal are as follows:-
The appellant in this court was the plaintiff in the Kwara State High Court where he had instituted an action against the 1st respondent for "money had and received." At the time of the institution of the suit, the 3rd respondent was in possession of the 1st respondent's assets, having been appointed a receiver and manager by the 2nd respondent. The 2nd and 3rd respondents were joined as parties when the appellant realised that the assets of the 1st respondent were being sold by the 3rd respondent at the instance of the 2nd respondent. The appellant then sought and obtained an ex parte order from the Kwara State High Court restraining the 3r…