2.
The Assessor shall not write any opinion in form of Judgment or order and shall not dissent or
concur with the judgment or order the Judge has given.
Assessor to give advice only on his subject
3.
An Assessor shall in advising the Court, limit himself to the issue in which he is an expert on, and on
which account he was appointed to sit with the Court.
Judge not bound to accept Assessor's advice
4.
The Judge is not bound to accept and act on the opinion or advice of the Assessor.
Assessor shall take oath of secrecy
5.
The Assessor shall subscribe to judicial oath of secrecy before the Judge or another Judge before
resuming his duty.
ORDER 40
RECEIVER
Application for appointment of Receiver and injunction
1.
(1) An application for the appointment of a receiver may be made by motion on notice
(2)
An application for an injunction ancillary or incidental to an order appointing a Receiver may be
joined with the application for the order.
(3)
Where the applicant wishes to apply for the immediate grant of such an injunction, he may do
so ex parte on affidavit in an appropriate case.
(4)
The Court hearing an application under sub-rule (3) of this rule may grant an injunction
restraining the party beneficially entitled to any interest in the property of which a Receiver is sought
from assigning, charging or otherwise dealing with that property pending the hearing of a
summons for the appointment of a Receiver and may require such a summons, returnable on such
date as the Court may direct, to be issued.
Giving of security by Receiver
2.
(1) Where a Judgment is given, or an order is made directing the appointment of a Receiver, then,
unless the judgment or order otherwise directs, a person shall not be appointed a Receiver in
accordance with the judgment or order until he has given security as in Form 24 to these Rules, in
accordance with this rule.
(2)
Where, by virtue of sub-rule (1) of this rule, or any judgment or order appointing a person
named therein to be a Receiver, a person is required to give security in accordance with this rule,
he shall give security as in Form 25 to these Rules, as may be approved by the Court duly to account
for what he receives as a Receivers and to deal with it as the Court directs.
(3)
Unless the Court otherwise directs, the security shall be by guarantee or, if the amount for which
the security is to be given does not exceed two thousand naira, by an undertaking.
(4)
The guarantee or undertaking shall be filed in the Court Registry.