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CAPT. TITO OMAGHONI (JP) & ORS. V. NIGERIA AIRWAYS LIMITED (IN LIQUIDATION) & ORS.

(2006) JELR 36929 (CA)

Court of Appeal  •  CA/A/260/2005  •  17 Jul 2006  •  Nigeria

Coram
OLUFUNLOLA OYELOLA ADEKEYE JCA; MARY U. PETER ODILI JCA; OLABODE RHODES- VIVOUR JCA;

Judgement

RHODES-VIVOUR, J.C.A. (Delivering the Leading Judgment): This is an interlocutory appeal from the decision of the Federal High Court, Abuja Division, presided over by the Hon. Justice S. J. Adah.

The facts of this case, which are not in dispute, are briefly as follows:

In suit No. ABJ/PET/2/2004, in the matter of petition for liquidation of Nigeria Airways Ltd. Chikere, J., of the Federal High Court made the following order on 12/8/2004:

"1. That the liquidator to seek the assistance of the Nigeria Police in securing and protecting of the assets, premises and the liquidation process of Nigeria Airways Ltd. in Lagos and any other places where the assets of the company may be found in Nigeria.

2. No order as to costs."

On 26/8/04, the appellants herein as plaintiffs sued the respondents herein as defendants on a writ of summons accompanied by statement of claim, wherein they claimed from the defendants jointly and severally as follows:

"(a) A declaration that the plaintiffs - both ser…

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