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PAUL N. UZOR & ORS v. JANNASONS COMPANY LIMITED

(1989) JELR 35502 (CA)

Court of Appeal  •  CA/E/16/88  •  31 Mar 1989  •  Nigeria

Coram
WALLACE RONALD TISLINGTON MACAULAY JCA; GEORGE ADESOLA OGUNTADE JCA; SAMSON ODEMWINGIE UWAIFO JCA;

Judgement

UWAIFO, JCA (Delivering the Leading Judgment): This interlocutory appeal questions the propriety of an order appointing a receiver made by Aneke, J, on 30 October, 1986 at the Onitsha High Court. The order was made following an application by the plaintiff who had originally sued the first to third defendants for damages of ₦100,000.00 for trespass and a perpetual injunction. The other defendants were later joined by order of court upon their application.

The plaintiff relies on the title of its vendor to the parcel of land which it alleges is situate at Onitsha-Owerri Road, Onitsha. On the other hand the second and third defendants deny that the land in dispute is situate at Onitsha-Owerri Road, and say that the other defendants who are members of the Mozie family of Obosi as owners from time immemorial granted them leases of the respective portions of the land.

The plaintiff seems to say that it brought the application for the appointment of a receiver to manage, control and collect…

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