I. L. KUTIGI, J.S.C. (Delivering the Leading Judgment): This is an appeal against the decision of the Court of Appeal delivered on 28th February 1995, dismissing Appellant's appeal against the Ruling of Aba High Court dated 7/7/92 refusing Appellant's application for an order to set aside the sale of Appellant's immovable properties pursuant to a writ of Execution.
The facts giving rise to this appeal arose between 1977 and 1978 when the 1st Respondent sold goods to the Appellant on credit. The goods had been shipped to him. The Appellant cleared the goods from the Wharf , sold them and refused to pay the 1st Respondent despite repeated demands. In suit No. A/237/81 the 1st Respondent sued the Appellant in the High Court claiming BF24, 949.031 (Belgian Francs) equivalent to N623.725,78 being the total price of goods sold and delivered to the Appellant. The Appellant did not contest the suit, on 15/4/82 the High Court entered judgment in favour of the 1st Respondent for the sum of N623…