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SKENCONSULT NIGERIA LTD & ANOR V. GODWIN SEKONDY UKEY

(1981) JELR 47897 (SC)

Supreme Court  •  SC.50/1980  •  16 Jan 1981  •  Nigeria

Coram
GEORGE SODEINDE SOWEMIMO JSC; CHUKWUNWEIKE IDIGBE JSC; ANDREWS OTUTU OBASEKI JSC; KAYODE ESO JSC; AUGUSTINE NNAMANI JSC;

Judgement

A. NNAMANI, JSC (Delivering the Leading Judgment): My Lords, the substance of this appeal before your Lordship's court is the setting aside of two orders made by Ekeruche J., (as he then was) on 15th December, 1978 to wit:.

(a) That 42 refrigerated containers stolen at the Gate House, Parking Site Kokey Bendel State belonging to the 1st defendant company (i.e. 1st Appellant in these proceedings) be sold at once by the respondent by private treaty at any price which he can reasonably obtain for them and the proceeds of sale, after deducting the expenses thereof, be paid into court to abide the event in the action.

(b) An injunction to restrain the defendants (appellants) from doing various acts concerned with the management and administration of the 1st appellant company. In fact it was an order to restrain the 1st appellant company and to restrain the 2nd Appellant from carrying on various functions as Managing Director.

The facts which led to the present proceedings are briefly as fo…

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