ALHAJI TIJJANI BADAMOSI V. UNITED BANK FOR AFRICA PLC THE DEPUTY SHERIFF, HIGH COURT OF JUSTICE, KADUNA
(2003) JELR 51503 (CA)
Court of Appeal
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CA/K/11/2001
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20 Feb 2003
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Nigeria
Coram
ISA AYO SALAMI JCA ( Presided) DALHATU ADAMU JCA (Read the Lead Judgment) JOSEPH JEREMIAH UMOREN JCA
Appearances
Rotimi Oguneso Esq. - for the Appellant .
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O. J. Opawale Japhet - for the Respondents .
Judgement
<p><strong> ADAMU JCA (Delivering the Lead Judgment): </strong> The first respondent (as plaintiff) instituted the present suit against the appellant (as defendant) claiming the sum of N173,757.23 being a debt owed by the said appellant consequent upon some facilities or overdrafts granted by the respondent in his favour. The 1st respondent also claimed 21% interest on the said sum from 26/5/95 to the date of judgment and 10% interest thereafter until the entire debt is liquidated. Pleadings were filed and exchanged on the above claims and the trial commenced. At the end of the trial, judgment was A entered on 3/6/98 in favour of the plaintiff/respondent (hereinafter called “the respondent”) and against the defendant/appellant (also hereinafter called “the appellant”). On 23/6/98, the1st respondent filed an <em> ex parte </em> application before the trial court seeking for an order of attachment and sale of plot No. 14A Mallam Madori Road, Old Panteka Market, Kaduna, in satisfaction of the judgment dated 3/6/98. …</p>