Facts:

The respondents were engaged in the business of selling frozen foods in Trans Amadi Industrial Layout, Port Harcourt. The respondent premised were invaded by one Mr. Adeyemi who claimed to be acting by virtue of his appointment as Receiver/Manager of the respondent.

Mr. Adeyemi informed the respondent that he had been appointed by the appellant as the Receiver/Manager of the respondent company appointed by authority from the deed of debenture followed by a legal mortgage which covered the sum of N3,429,054.00 (Three million, four hundred and twenty nine thousand, fifty four Naira). The respondent contended that it never entered into any negotiation with appellant and therefore demanded to see the document covering the loan and debentures. The appellant through its receiver/manager continued to occupy the respondent property and eventually evicted the respondent.