NIGERIA DEPOSIT INSURANCE CORPORATION (Receiver/Liquidator of ‘Allied Bank of Nigeria Plc.’) V. AKAHALL & SONS CO. LTD.
(2003) JELR 55352 (CA)
Court of Appeal
17 Feb 2003
SIMEON OSUJI EKPE, JCA (Presided) SULE AREMU OLAGUNJU, JCA ( Read the Lead Judgment) ISTIFANUS THOMAS, JCA
<p><strong> OLAGUNJI, JCA (Delivering the lead : ): </strong> The appeal is from the decision of Nwaogwugwu, J., of Calabar Judicial Division of the Federal High Court rendered on summary trial under the undefended list procedure whereby judgment was entered for the respondent herein who was the plaintiff at the trial court for sundry reliefs against the defendant, the appellant herein was the provisional liquidator of the Allied Bank of Nigeria Plc. with which the plaintiff had the transactions leading to the dispute.</p><p>The action was commenced on 7/8/98 by application for a writ of summons as per particulars of claim attached thereto and accompanied by a motion <em> ex parte </em> supported by an affidavit asking for leave of the court: ‘To sue the defendant Nigeria Deposit Insurance Corporation</p><p>(Receiver/Liquidator of Allied Bank of Nigeria Plc.) outside A jurisdiction of this court <em> and as liquidators’ </em> (Italics mine for emphasis) ; To serve the writ of summons, particulars of claim and all other processes …</p>