Whether A Receiver/Manager Can Maintain an Action in His Personal Name

CASE TITLE: OLOPADE & ANOR v. AKINDE-PETERS (2023) LPELR-60969 (CA)
JUDGMENT DATE: 30TH JUNE, 2023
PRACTICE AREA: COMPANY LAW
LEAD JUDGMENT: JOSEPH SHAGBAOR IKYEGH, J.C.A.

SUMMARY OF JUDGMENT:

INTRODUCTION:

This appeal borders on the locus standi of a receiver/manager to bring an action in his own name.

FACTS:

The appeal emanated from a decision of the Federal High Court sitting in Lagos (the lower Court) whereby it dismissed the preliminary objection that the respondent had the locus standi as the Receiver/Manager of Metal Africa Steel Products Ltd. to institute the action in his own personal name and that the suit disclosed a reasonable cause of action.

In outline, the respondent sued the two appellants in his own name as an appointed Receiver/Manager of Metal African Steel Products Ltd. (the company) on an originating summons for a declaration that he has the sole right to take over and control all the assets of the company without interference, obstruction, or hindrance, having been appointed as Receiver/Manager over the assets of the company.

The Court overruled the preliminary objection and held that the respondent had the right to sue in his own name and that the suit disclosed a reasonable cause of action, upon which it dismissed the preliminary objection.

Dissatisfied with the decision of the trial Court, the appellants appealed to the Court of Appeal.

ISSUE(S):
The appeal was determined on merit.

DECISION/HELD:
On the whole, the Court of Appeal allowed the appeal. Consequent upon this, the Court struck out the Respondent’s suit before the trial Court.

RATIO(S):
COMPANY LAW – RECEIVER/MANAGER – Status of a company in receivership; whether a Receiver/Manager can maintain an action in his personal name
ACTION – LOCUS STANDI – What the Court considers in determining whether a plaintiff has locus standi

To read the full judgment or similar judgments, subscribe to Prime or Primsol

lawpavilion

Recent Posts

Legitimacy In Nigerian Family Law: How the 1999 Constitution Protects Children Born out of Wedlock

Introduction In Nigerian family law, few concepts have generated as much legal debate and social…

3 hours ago

Supervisory Jurisdiction and the Seat: Can Nigerian Courts Still Set Aside Foreign Awards?

Introduction In OIL & INDUSTRIAL SERVICES LTD v. HEMPEL PAINTS (SOUTH AFRICA) PTY LTD (2025) LPELR-81602(CA),…

21 hours ago

Effect of Failure to Satisfactorily Trace Line of Succession in an Action for Declaration of Title to Land

CASE TITLE: ADESINA & ANOR v. OLADIPO & ORS (2025) LPELR-81560(CA) JUDGMENT DATE: 27TH JUNE,…

21 hours ago

Conditions for a Successful Plea of Estoppel Per Rem Judicatam

CASE TITLE: GAJIBO v. MOHAMMED & ANOR (2025) LPELR-81540(CA) JUDGMENT DATE:  2ND JULY, 2025 PRACTICE…

21 hours ago

Does an Administrator/Administratrix have Power to Administer the Property of a Deceased Person not Covered by a Letter of Administration

CASE TITLE:  ODUTOLA v. AJAO & ORS (2025) LPELR-81680(CA) JUDGMENT DATE: 22ND JULY, 2025 PRACTICE…

22 hours ago

How Top Nigerian Lawyers Research Legal Cases

Let’s begin by asking this multi-million naira question, “What makes the difference between elite lawyers…

22 hours ago