<p><strong> MUKHTAR JCA (Delivering the Lead Judgment): </strong> The respondents who were the claimants at the High Court of Lagos State (hereinafter referred to as “the lower court”) presided over by Candide-Johnson, J. hadby their motion on notice dated 7 May 2008 sought for the following reliefs:</p><p>“(1) An order setting aside the order of this honourable court (coram. Moni Fafiade J. dated 6 February 2001 in suit No. LD/21/2000 - Equitorial Trust Bank Ltd v. (1) Taireal Nigeria</p><p>Ltd (2) Mr. Femi Adesanya wherein upon a motion <em> ex parte </em> leave was granted to Equitorial Trust Bank Limited (the 1st defendant/respondent herein) to attach, distress, seize and sell the immovable property of Mr. Femi Adesanya (the 2nd claimant/applicant herein) situate at plot 845, block 35 in the Federal Government Layout at Aboru, Abesan, lkeja, Lagos and registered as number 51 at page 51 in volume 44 at the Federal Lands registry Office, Ikoyi, Lagos; the said order beinga nullity in law.</p><p>An order setting aside the execution,…</p>