TABAI, J.S.C. (Delivering the Leading Judgment): This appeal is against the ruling of the Ibadan Division of the Court of Appeal on the 14th of January, 2001. The ruling is at pages 57 - 83 of the record. The motion sequel to which the decision was given, filed on the 15th of February, 2000 prayed for the following orders:
(a) to set aside ex debito justitiae, the writ of execution dated 16th July, 1999 issued out of Oyo State High Court;
(b) to set aside execution of the judgment wrongly carried out on 21 July, 1999 in pursuance of the said writ of execution;
(c) to restrain the respondent from taking further steps in the levying of execution against the properties of the defendants/appellants/applicants; and
(d) to direct the Sheriff of the Oyo State High Court to release the Daewoo Racer car No. OYO AE 178 DDA attached pursuant to the said writ of execution.
The ground for application was stated to be as follows:
"The ground for the application is that the judgment debt was duly …