ACHIKE, J.C.A. (Delivering the Leading Judgment): By originating summons taken out by the plaintiff/appellant it prayed the court for an order compelling the 2nd defendant/respondent not to release 1st defendant/respondent's vehicles with registration numbers BD 1750 BC, a Mercedes Benz 911 truck and Peugeot Pick Up Van AN353 Y, to him or to anyone until the determination of the proceedings in the summons. Additionally, the appellant sought an order of the court to sell the two vehicles in reduction of 1st respondent's indebtedness to the appellant. By an ex-parte order, the appellant succeeded in placing the vehicles in the custody of the 2nd respondent. During the pendency of the suit, the 1st respondent successfully by a motion on notice, obtained an order releasing the Peugeot vehicle to him upon signing a bond. All these determinations were made by Edozie, J. who also adjourned the hearing of the originating summons to 10/10/94.
Nevertheless, by a motion on notice dated 6/9/95, 1…