MALLAM SALIU GAMBARI V. YUSUF SALMAN FOLORUNSHO

BOLOUKUROMO MOSES UGO, J.C.A. (Delivering the Leading Judgment): This appeal is fairly straightforward. The principal issue for determination in it is whether the High Court of Kwara State was right in granting the application of the respondent/judgment creditor to levy execution on an immovable property, a 4-bedroom bungalow called Dan Imam House, which the respondent/judgment creditor claims belonged to the appellant/judgment debtor but the appellant/judgment creditor rather asserts belonged to his wife.

The simple facts of the case are that, upon judgment obtained by the respondent herein against the appellant as defendant before S. M. Akanbi J. of the High Court of Kwara State, appellant levied execution of same against the movable property of the appellant, but because the proceeds of that execution still left the judgment debt unsatisfied, respondent brought a motion on notice dated 25/3/2014 for attachment of the property known as Dan Imam House situate opposite Builders Block I…