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Electrical & Mechanical Construction Co. Ltd. v. Total Nig. Ltd. & Anor.

(1972) JELR 47099 (SC)

Supreme Court  •  SC.247/1971  •  1 Sep 1972  •  Nigeria

Coram
TASLIM OLAWALE ELIAS JSC; UDO UDOMA JSC; ATANDA FATAYI-WILLIAMS JSC;

Judgement

T. O. ELIAS, C.J.N. (Delivering the Leading Judgment): This is an appeal against the judgment of Bello J. at the High Court, Kaduna, on 30th March, 1971, in which he refused to set aside the sale of the property, 7 Sokoto Road, Kaduna, which belongs to the judgment debtor, to the purchaser of the property at an auction held by the Deputy-Sheriff on 13th August, 1970.

The case originated in Suit No. Z/33/1968 which the plaintiffs brought in the High Court at Kaduna by writ of summons dated 17th September, 1968, in which the plaintiffs' claim was for the sum of 'a336605 being the value of petroleum products delivered by them to the defendants on credit at the latter's request and for which the defendants had failed to pay despite demand.

The facts of the case, which are not is dispute, may be summarized as follows: that the appellant obtained judgment against the respondent for the sum of 'a336605 on 26th October, 1968; that the judgment creditor issued a writ of fifa on 16th November…

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