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ASIMS (NIG.) LIMITED M. LAWAL SULE V. LOWER BENUE RIVER BASIN DEV. AUTHORITY ALH. BALA MUHAMMED ALH. MUHAMMED MAI-MAGI

(2001) JELR 57782 (CA)

Court of Appeal  •  CA/J/107/98  •  3 May 2001  •  Nigeria

Coram
OLUDADE OLADAPO OBADINA, JCA ISA ABUBAKAR MANGAJI, JCA

Judgement

MUHAMMAD, JCA (Delivering the Lead Judgment): In the original suit, the Plateau State High Court sitting at Keffi (then of Plateau State) entered a partial judgment in favour of the appellants (as plaintiffs) for the sum of N1,096,750.00 as damages plus N420.00 costs. The respondents (asdefendants) filed an appeal against the judgment and made part-payment of N500,000.00 of the Judgment debt. Before paying the balance however, the appellants levied execution and attached some 7 vehicles of the respondents.

The amount realised was N865, 200.00 which was added to the N500,000.00 and paid to the plaintiffs as judgment sum. The defendants were dissatisfied and appealed to the Court of Appeal. The Court of Appeal allowed the appeal on 30/10/92 and set aside the judgment of the trial High Court. The respondents then filed a motion on notice pursuant to Order II rule 10 of the Judgment (Enforcement) Rules, 1963 praying for the following reliefs:

“1. An order directing the respondents herein …

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