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BREWTECH NIGERIA LIMITED v. FOLAGESHIN AKINNAWO & ANOR

(2016) JELR 37106 (CA)

Court of Appeal  •  CA/L/764/09  •  11 Mar 2016  •  Nigeria

Coram
SIDI DAUDA BAGE JCA; JOSEPH SHAGBAOR IKYEGH JCA; YARGATA BYENCHIT NIMPAR JCA;

Judgement

YARGATA BYENCHIT NIMPAR, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the Federal High Court delivered on the 28th May, 2009 by HON. JUSTICE I. N. AUTA wherein the claim of the plaintiff was dismissed. Dissatisfied with the judgment the Appellant filed a Notice of appeal dated 13th September, 2011 setting out 7 grounds of appeal.

The Appellant took out a writ at the trial Court against the Respondents and by its amended statement of claim dated 25th of June 2007 sought the following reliefs:

i. A declaration that in the absence of a legal charge over the property of the Plaintiff, the letter of offer of N10,000,000.00 (Ten million naira) overdraft facility dated 30th January 2004 by the 2nd defendant and its acceptance by the Plaintiff constitute a simple as a mere creditors and the Plaintiff as mere debtor.

ii. A declaration that the Deed of Appointment of the 1st Defendant as Receiver/Manager is null and void as no Receiver/Manager can be appointed a…

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