ADEREMI JCA (Delivering the Lead Judgment): The appeal here is against the judgment of the High Court of Ondo State sitting in Akure delivered in suit No.AK/281/91: Kaleyemi Bakeries and Catering Services Ltd and Another versus Nigerian Merchant Bank Plc and Another on the 3rd of September, 1998. The plaintiffs in the court below (hereinafter referred to as the respondents) had by their amended statement of claim sought against the defendants (hereinafter referred to as the appellants) jointly and severally the following reliefs:- “(1) An order of declaration that the appointment of the 2nd defendant to act as receiver/manager by the 1st defendant for the purpose of taking over the properties of the plaintiffs is unconstitutional, illegal, ultra vires and void and the same be set aside on the grounds of alleged irregularities already set out in the above paragraphs of this amended statement of claim.
(2) N5 million being exemplary and/or general damages suffered by the plaintiffs…