MOHAMMED, JCA (Delivering the Lead Judgment): This is an appeal against the judgment of Abiriye J. of the Kaduna State High Court of Justice sitting at Kaduna and delivered on 16/12/99 dismissing the plaintiff’s claim and entering judgment for the 3rd defendant in its counter-claim. The appellant in this appeal as the plaintiff had instituted its action against the defendants now respondents and claimed the following reliefs in its amended writ of summons:- “(1) A declaration that the appointment of the 2nd defendant by the 1st defendant as receiver and manager to the 1st plaintiff is irregular, unlawful, void and of no effect.
A declaration that the purported sale or assignment of the plaintiff’s property lying and situate at No. 8 Degel Road,
G.R.A. Kaduna or any other plaintiff’s property by the 1st and 2nd defendants, is an abuse of the exercise of the powers conferred by the Mortgage(s) and debentures deed on the 1st and 2nd defendants.
A declaration that the purported sale or ass…