ZANS FOODS & BEVERAGES LTD V. FBN PLC & ANOR

MOORE ASEIMO ABRAHAM ADUMEIN, J.C.A. (Delivering the Leading Judgment): The respondents, in this Court, are the plaintiffs in Suit No. FHC/IB/CS/76/2016 which they commenced by way of an originating summons and wherein they are asking the Federal High Court, holden at Ibadan, to answer the following questions.:

“(a) Whether the 2nd plaintiff being appointed the receiver of the defendant by Deed of Appointment dated 5th April, 2016 is entitled to enter and take possession of the property at Oyo State Small Scale Industries complex, Old NTC Road, Iyaganku, Ibadan and generally exercise all his power and perform his duties as receiver without any interference, obstruction and or hindrance in any manner whatsoever by the defendant or any other person acting or claiming under their authority. 

(b) Whether consequent upon the appointment of the 2nd plaintiff as Receiver of the defendant, the right power or authority of the defendant to enter into and remain in possession or deal in any manne…