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MR. JOHNSON AFOLABI FASHOYIN v. MR. OLAYINKA ABAYOMI & ORS

(2016) JELR 33279 (CA)

Court of Appeal  •  CA/L/654M/2011  •  9 Jun 2016  •  Nigeria

Coram
UZO I. NDUKWE-ANYANWU JCA; CHINWE EUGENIA IYIZOBA JCA; TIJJANI ABUBAKAR JCA;

Judgement

UZO I. NDUKWE-ANYANWU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of the High Court of Lagos State delivered on the 4th April, 2011 by Hon. Justice B. O. Shitta-Bey.

The facts briefly stated are as follows;

The Respondents in this appeal (who were the Claimants in the original Suit No LD/76/1983) filed an action against the Defendants (Messr Fasheun Motors Nig Ltd and 19 others). On 10th October 1989, the Respondents obtained judgment against the Defendants before Hon. Justice Desalu. In consequence, execution was levied against some of the Defendants/Judgment Debtors' landed properties. However no execution was levied against the landed property of the Appellant at no. 394 Lagos-Abeokuta expressway, Abule-Egba, lagos State until 8th May 2008 pursuant to an order of Court made on 28th January 2008.

Consequent upon the order made on 28/1/2008, the Appellant who was not a party to the original suit but felt aggrieved by the order applied vide a Motion …

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