INTERCONTRACTORS NIGERIA LTD. V. UAC OF NIGERIA LTD.

A. G. KARIBI-WHYTE, JSC (Delivering the Leading Judgment): The only issue for determination properly raised before the learned trial Judge in the High Court of Lagos State was whether the Applicant Company can bring an application to stay indefinitely the execution of a judgment debt obtained against it in default of defence. The learned trial Judge ruled that it could not. The Court of Appeal affirmed his judgment. Appellant has appealed further to this Court. Although the issue is as stated above as can be seen from the facts outlined hereunder giving rise to this litigation, Appellant's grounds of appeal and his formulation of issues for determination, has gone further to touch on matters concerning the legal position of a receiver viz-a-viz property contained in the receivership. This is a matter not raised on the application before the trial Judge.

It is important for an understanding of this appeal to state the facts giving rise to the litigation which remain uncontradicted and …