CHINWE EUGENIA IYIZOBA, J.C.A. (Delivering the Leading Judgment): The Appellant herein, Hussein Mansour is the Chairman/Chief Executive of Nigerian Weaving, Spinning and Printing Company Ltd (otherwise known as Newspin Ltd). On 3/2/99 Afribank Nigeria Plc appointed Prince Adesupo Adetona a Receiver over the Assets of Newspin Ltd. The Receiver commenced the process of assigning (by sub-lease) the unexpired residue of Newspin's interest in Plot 14 Iganmu Industrial Estate Surulere, Lagos to the present Respondent Carnco Foods (Nig) Ltd. Newspin commenced Suit No: FHC/L/CS/992/02 at the Federal High Court, seeking a Declaration inter-alia that the Receivership in question was limited to only movable Assets of Newspin and certainly did not extend to Newspin's immovable property at Plot 14 Iganmu Industrial Estate Surulere, Lagos. The present Appellant, Hussein Mansour with Newspin as the 2nd Claimant filed Suit No: ID/701/2005 at the High Court of Lagos State, Ikeja judicial Division agai…