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PROF. N.E. GOMWALK & ORS v. PROF. VINCENT NNAMDI OKWOSA

(1998) JELR 42102 (CA)

Court of Appeal  •  CA/J/93/97  •  1 Dec 1998  •  Nigeria

Coram
GEORGE ADESOLA OGUNTADE JCA; DENNIS ONYEJIFE EDOZIE JCA; RABIU DANLAMI MUHAMMAD JCA;

Judgement

OGUNTADE, J.C.A: (Delivering the Leading Judgment): At the Jos High Court of Plateau state, the present appellants as applicants brought an application wherein they prayed for "An order setting aside the writ of attachment issued by the court pursuant to its judgment of 5th July, 1996."

The appellants stated that the ground upon which the application was based was

"The fiat of the Attorney-General of the Federation has not been first had and obtained before the issuance of the writ of attachment on or about the 12th day of July 1996."

In the affidavit in support of the application, a litigation clerk in the chambers of Miskom Puepet and Co. deposed thus:

"(1) I am informed by Paschal N. Mammo Esq. of counsel and I verily believe him that

(a) Judgment was given in favour of the respondent on the 5th of July, 1996 and on the instructions of the applicants, filed an appeal against the judgment on the 15th day of July, 1996.

(b) While processing the appeal papers at the registry of this C…

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