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AKPABIO, J.C.A. (Delivering the Leading Judgment): This is an appeal against a ruling of Kolo, C. J. of Borno State High Court, Holden at Maiduguri in suit No. M/140M/93, delivered on 28/13/95, wherein he refused to set aside the sale of 1st Respondent's landed properties which had been sold by auction with leave of the said Court in part satisfaction of a debt of N3,764,863.85 adjudged by the said Court to be due and payable by the 1st Respondent to the Appellant. The Appellant being dissatisfied with the said ruling has now appealed to this Court.
The full application of the plaintiff/Applicant at the Court below, which was brought by way of Motion on Notice reads as follows:-
"(1) An order for extension of time within which to apply to set aside the auction sales of the following properties by the 5th Respondent:
(a) All that piece of land together with the building thereon at No. 81, Bogobri Street, in Maiduguri and covered by the Maiduguri Metropolitan Council Certificate of oc…