MOHAMMED, J.S.C. (Delivering the Leading Judgment): This is an appeal against the decision of the Court of Appeal, Port-Harcourt Division delivered on 11-5-2000 in which that court allowed the appeal of the appellant against the judgment of the High Court. At the High Court of Justice of Rivers State in Port-Harcourt, the appellant in this appeal, as the plaintiff in that court instituted an action against the respondent as the defendant and in paragraph 25 of the statement of claim, the following reliefs were sought:
25.WHEREFORE the plaintiff's claims against the defendant are as follows:
(i) A declaration that the execution of judgment levied against the plaintiff by the defendant on the 4th day of October, 1993, at No. 25 Aba Road Port-Harcourt within the jurisdiction of the Honourable Court pursuant to the judgment delivered the same day, 4th October, 1993 in Suit No. PRT/1041/92 was wrongful, illegal and therefore null and void and ought to be set aside.
(ii) The sum of N50,000…