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ASIMS (NIG.) LIMITED & ANOR V. LOWER BENUE RIVER BASIN DEVELOPMENT AUTHORITY & ORS.

(2001) JELR 42857 (CA)

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

Coram
IBRAHIM TANKO MUHAMMAD JCA; OLUDADE OLADAPO OBADINA JCA; ISAH ABUBAKAR MANGAJI JCA;

Appearances
N. O. Ochoche For Appellant Dr. S.S. Ameh, SAN;C. A. Inyada andA. S. Odariko For Respondent

Judgement

MUHAMMAD, J.C.A. (Delivering the Leading 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 (as defendants) 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 court. The respondents then filed a motion on notice pursuant to Order II Rule 10 of the Judgments (Enforcement) Rules 1963 praying for the following reliefs:

"1. An Order directing the respondents herei…

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