HARRISON OSITA ONUORA V. EMEKA ONUORA & ORS

FABIYI, J.C.A.(Delivering the Lead Ruling): On 1st June, 1999, Keazor, J. of Onitsha High Court ordered, inter alia, the appointment of the Assistant Chief Registrar of the High Court, Onitsha as a Receiver/Manager to cater for the property situate at 42 New-Market Road, Onitsha. By the motion dated and filed on 2nd July, 1999, the Defendant/Appellant/Applicant desired to have an order staying the execution of the said order pending determination of his appeal against the stated order.

It should be pointed out here that stay of execution of the order appointing a Receiver/Manager was the only essential point canvassed by the parties herein. L.O. Anyaduba Esq., Learned Counsel for the Defendant/Applicant, on 28-9-99, withdrew prayer (a) relating to order for stay of proceedings of the suit before the Trial Court. And the same was accordingly struck out.

The motion on notice was supported by an affidavit of 48 paragraphs deposed to by the Defendant/Applicant. A host of Exhibits were at…