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OBIORA MOKWE V. G. E. EZEUKO, SAN G. C. MOKWE & SONS LTD.

(2000) JELR 55622 (CA)

Court of Appeal  •  CA/E/28/99  •  10 Jul 2000  •  Nigeria

Coram
NIKI TOBI, JCA (Presided) SULE AREMU OLAGUNJU, JCA (Read the Lead Judgment) JOHN AFOLABI FABIYI, JCA

Judgement

OLAGUNJU JCA (DELIVERING THE LEADING JUDGMENT): This is an interlocutory appeal from the order of joinder of the 2nd respondent to the action instituted by the appellant against the 1st respondent for an understanding of which a summary of the vicissitudes of the dispute might provide an elucidation.

In an order made by the Federal High Court, Enugu on 31/7/95 at the end of a petition over the management and the property of a limited liability company brought under the Companies and Allied Matters Act, 1990, the respondent in this appeal, Chief G. E. Ezeuko, SAN, was appointed as the manager “to receive all rents accruing from the landed property as mentioned in paragraph 5 of the petition and pay same into an interest-yielding account in a reputable commercial bank after collecting 5% as fees/commission.”

Following separate motions filed on 9/10/95 by the appellant and one Mr. Bonaventure Mokwe jointly against the 1st respondent, Mr. J.O. Mokwe and G. C. Mokwe and Sons Ltd., praying th…

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