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CHIEF REGISTAR, HIGH COURT OF LAGOS STATE & ANOR V. VAMOS NAVIGATION LIMITED .

(1976) JELR 42471 (SC)

Supreme Court  •  SC.66/1975  •  16 Jan 1976  •  Nigeria

Coram
DARNLEY ARTHUR RAYMOND ALEXANDER JSC; GEORGE SODEINDE SOWEMIMO JSC; CHARLES OLUSOJI MADARIKAN JSC;

Appearances
Chief F.R.A. Williams for the appellants. For Appellant G. L. Impey for the respondents. For Respondent

Judgement

C. O. MADARIKAN, J.S.C. (Delivering the Leading Judgment): In Suit No. LD/420/73 in the Lagos High Court, Dosunmu. J. entered judgement against the defendant/company, Messrs. Transocean Nigeria Limited, on the 28th of May, 1973 in the sum of N20,688.49 with N160.00 costs. On the 30th May, 1973, a writ of fifa was issued at the instance of the plaintiffs in that action, Messrs. A.A. Olopade and Sons, and was duly signed by Dosunmu, J. When attempts to levy execution proved futile because the judgement debtors "had closed their office and run away from the country", the following steps were taken [by the Chief Registrar who deposed on his affidavit as follows] :

"8. That on the 9th of February, 1974 at the instance of the judgement creditor and with my approval my Deputy Sheriff with the aid of the Acting Harbour Master executed the writ of fifa against the vessel 'BELLATRIX 1'.

9. That it was the judgement creditor who identified the vessel as part of the assets of the judgement debtor…

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