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ARGOS NIGERIA LTD. & ANOR. V. ALHAJI M. D. UMAR & ANOR.

(2002) JELR 47623 (CA)

Court of Appeal  •  CA/K/286/M/01  •  4 Mar 2002  •  Nigeria

Coram
RABIU DANLAMI MUHAMMAD JCA; VICTOR AIMEPOMO OYELEYE OMAGE JCA; JOSEPH JEREMIAH UMOREN JCA;

Appearances
Alhaji Abdullahi Ibrahim, S.A.N.;Charles Sule, Esq., Rotimi Oguneso, Esq.) For Appellant Sanusi Abubakar, Esq. For Respondent

Judgement

R.D. MUHAMMAD, J.C.A. (Delivering the Lead Ruling): The applicants, who are the appellants in this appeal, brought this application asking for the following reliefs:

1. An order setting aside the writ of attachment dated the 11th day of July, 2001 signed by Justice Tanimu Zailani of the Kaduna High Court of Justice sitting at Kaduna as same is an abuse of process and issued without regard to the provision of Sherrifs and Civil Process Act.

2. An order directing the release of the appellants/applicants goods and chattels attached on the 8th August, 2001 and 13th December, 2001 respectively attached pending the hearing and determination of the hearing of the appeal entered at the Kaduna Court of Appeal.

3. An order restraining the respondents from further attaching the appellants/applicants goods and chattels acting pursuant to the said writ of attachment dated 11th July, 2001 pending the hearing and determination of this application.

4. An order restraining the respondents from sellin…

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