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Ndukwe vs. Uku

M. K. NDUKWE

V

EZE KALU UKU & ORS.

COURT OF APPEAL

( PORT HARCOURT DIVISION )

JAMES OGENYI OGEBE, JCA ( Presided and Read the Lead Judgment )

SYLVANUS ADIEWERE NSOFOR, JCA

DAVID ADEDOYIN ADENIJI, JCA

 CA/PH/128/2000

THURSADY, 7TH NOVEMBER, 2002

COURT - Order not asked for - Whether court can make

JUDGMENT AND ORDERS - Order not asked for - Whether court can make

WORDS AND PHRASES - ‘Consequential’ - Meaning of

Issue:

Whether the trial court was right to have made an order that the Assistant Chief Registrar be appointed interim receiver/manager to collect rent from the disputed property when same was not asked for.

Facts:

Respondents as plaintiffs at the Abia State High Court filed this action against the appellant as plaintiff, seeking a number of reliefs. The court granted an interim order without notice to the other party.  Defendant filed an application to set aside the interim order because he was not served.  The trial court set aside the interim order but made an order that the Assistant Chief Registrar be appointed interim receiver/manager to collect rents from the disputed property. Dissatisfied, appellant appealed to the Court f Appeal.