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DAWOOD GLOBAL INTERGRATED COMPANY LIMITED v. MR. EFRON N. GAJERE & ANOR

(2017) JELR 37446 (CA)

Court of Appeal  •  CA/J/215/2016  •  12 Jul 2017  •  Nigeria

Coram
ADZIRA GANA MSHELIA JCA; ADAMU JAURO JCA; HABEEB ADEWALE OLUMUYIWA ABIRU JCA;

Judgement

ADAMU JAURO, J.C.A. (Delivering the Leading Judgment): The appeal herein is against the ruling of the Plateau State High Court of Justice delivered on 16th June, 2016 in Suit No. PLD/J130/2015 by Hon. Justice D.D. Longi wherein the Preliminary Objection filed by the Appellant was dismissed.

The facts giving rise to the appeal can be summarised as follows: One, Mr. Babangida Doka took out writ of summons against Mr. Friday Peter in Suit No. PLD/J68/2013 and obtained judgment against the said Mr. Friday Peter. The 1st Respondent contended that Mr. Friday Peter was a tenant in his house at No. 11 Rock Haven, Jos. In order to execute the judgment obtained against Mr. Friday Peter, the Court ordered for the sale of Mr. Friday Peter's property at No. 5 Rock Haven Jos by public auction. The notice of the public auction was pasted on the property of the 1st Respondent at No. 11 Rock Haven. The 1st Respondent filed an interpleader application which was dismissed on the ground that the property …

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