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  • Standard Printing & Publishing Co. Ltd v. N.A.B. Ltd
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  • 2003-01-13
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Standard Printing & Publishing Co. Ltd v. N.A.B. Ltd

STANDARD PRINTING & PUBLISHING COMPANY LIMITED

V

NIGERIA-ARAB BANK LIMITED

( APPOINTED BY NIGERIAL DEPOSIT INSURANCE CORPORATION)

OLUSEGUN ODUBOGUN

( RECEIVER-MANAGER )

COURT OF APPEAL

( KADUNA DIVISION )

ISA AYO SALAMI, JCA ( Presided and Read the Lead Judgment )

MAHMUD MOHAMMED, JCA

VICTOR AIMEPOMO OYELEYE OMAGE, JCA

CA/K/68/2000

WEDNESDAY, 6TH JUNE 2001

APPEAL - Brief of argument - Appellant neglecting to file reply brief to new points raised in respondent’s brief - Effect

APPEAL - Leave to raise fresh point on appeal - Whether a substitute for application for leave to file and argue additional grounds of appeal

APPEAL - Fresh point not covered by judgment appealed from - Need for appellant to seek and obtain leave of court before raising same

APPEAL - Grounds of appeal - Ground of appeal not covered by brief of argument - How treated

COMPANY LAW - Receivership - Assets of company under receivership By whom controlled - Whether company in liquidation or its directors can still control company’s assets

COMPANY LAW - Receivership - Debt owed to failed bank - Application for -Who may bring - Section 11(1) of the Failed Banks Decree No.

18  of  1994

JUDGMENT AND ORDERS - Judgments liable to be set aside -Whether every gaffe or slip warrants setting aside of judgment

JURISDICTION  - Jurisdiction of court - Need for litigants to follow proper procedure or practice for court to be vested with jurisdiction

JURISDICTION - Fundamental nature of - When can be raised - Need for evidence upon which issue of can be found to exist before raising same

Issue:

Whether the Failed Banks Tribunal was right when it held that the respondent (being under receivership) could not complain of what was obviously an injustice without the concurrence and/or approval of the receiver.

Facts:

This appeal emanated from the decision of the Failed Banks (Recovery of Debts) and Financial Malpractices in Banks Tribunal a.k.a. Failed Banks Tribunal. The Nigerian-Arab Bank Limited appointed by N.I.D.B had applied to the Tribunal for the recovery of debts owed to it from Standard Printing and Publishing Company and one Olusegun Odubogun by way of originating summons.

When the case came up, the applicant made no appearance, counsel to the second respondent (Olusegun Odubogun - receiver appointed by the 1 st respondent by the applicant) informed the court that the 1st respondent had not been served and asked for adjournment. The second respondent on his part filed a memorandum of conditional appearance and summons on which he sought to be given leave to commence or defend the action in the name of the 1st respondent. He also sought an order striking out his name from the suit.

The name of the second respondent was subsequently struck out and was permitted to defend the action on behalf of the second respondent. Following this, judgment was entered against the first respondent on the application of the applicant’s counsel.

When the first respondent who claimed he had not been served with the processes became abreast of the judgment, he filed an application seeking to set aside the judgment. The counsel for Mr. Odubogun, who had been struck out of the suit filed a notice of motion to raise a preliminary objection on the ground that only the receiver/manager could initiate or defend an action on behalf of the company which is in receivership. The judgment creditor also took similar objection to the said application. The notices of preliminary objection were heard and they were upheld. The respondent’s application was consequently dismissed on the ground that only a receiver can bring or defend an action on behalf of a company in receivership, hence this appeal.