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UNIBIZ NIGERIA LIMITED. V. COMMERCIAL BANK (CREDIT LYONNAIS (NIG.) LIMITED)

(2005) JELR 45160 (SC)

Supreme Court  •  SC.70/2000  •  29 Apr 2005  •  Nigeria

Coram
MUHAMMADU LAWAL UWAIS JSC; ALOYSIUS IYORGYER KATSINA-ALU JSC; AKINTOLA OLUFEMI EJIWUNMI JSC; NIKI TOBI JSC; IGNATIUS CHUKWUDI PATS-ACHOLONU JSC;

Judgement

TOBI, J.S.C. (Delivering the Leading Judgment): The appellant is the defendant. The respondent is the plaintiff. The appellant owed the respondent some money which the respondent claimed was N77,194,576.30 as at the end of September, 1999. The appellant failed to pay the amount. The respondent instituted an action by way of an originating summons for and on behalf of the receiver/manager against the appellant. The respondent asked for the following orders:

"1. An order of this honourable court directing the receiver to take steps as may be necessary to realize the assets of the respondent with a view to paying its outstanding to applicant.

2. An order of this honourable court restraining the respondent, its agents, privies and assigns including but not limited to its directors, and officers from doing anything that would prevent the receiver from performing his lawful duties as a receiver."

The trial court granted the two orders. Dissatisfied, the appellant appealed to the Court of …

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