ANDREW NIKOI DSANE V. BENJAMIN AMON DSANE

RULING 

The Plaintiffs obtained judgment against the Defendants and to realize the fruits  of their Judgment, they have sought to levy execution over the subject matter of that  Judgment. That subject matter in dispute is land situate at Oyibi. Upon applying for writ  of possession to issue, the Plaintiffs, as required by Law, served notice of the  proceedings on occupants on the land whereupon the interested party applied under the  law for relief. 

The interested party has made a case that they have been sued over the subject  matter over ownership over the land and that case is currently pending before a Court  of competent jurisdiction. The Plaintiff/Judgement/Creditors are not disputing the fact  of the pendency of that case but they have attempted to demonstrate the unlikelihood of  that case being successfully defended. I must say that I should not be interested in  ascertaining the merits or the demerits by that case since it is not within my jurisdiction  to purport to determ…