ASGOLITE NIGERIA LIMITED & MR. GODWIN ASEMOTA V. PRINCE COLLINS BENSON OGIEGBAEN (SUING AS RECEIVER /MANAGER APPOINTED BY FIRST BANK OF NIGERIA PLC)

LATEEF ADEBAYO GANIYU, J.C.A. (Delivering the Lead Ruling): This appeal is birthed by the judgment of Federal High Court of Nigeria, Edo Judicial Division delivered on 21/10/2016 Coram: A.M LIMAN J, wherein the learned trial Judge (hereinafter referred to as “the Trial Court “) granted the reliefs sought by the Respondent and dismissed the counter-claim of the Appellants.

Being dissatisfied with the said decision of the trial Court, the Appellants lodged an appeal against same vide the Notice of Appeal filed on 21/10/2016 which is contained at pages 585 – 586 of the Record and sequel to the filing of Notice of Appeal, the Appellants filed a motion for stay of execution of the judgment on 28/10/2014 as well as their Brief of Argument which the Respondent responded to by filing counter affidavit on 9/10/2025 as well as the Respondent’s Brief of Argument.

It is curious to note that from the Respondent’s counter affidavit, the Appellants got to know that the property in dispute had been all…