ALHAJI SALISU IBRAHIM V. ADAJI OJONYE

THERESA NGOLIKA ORJI-ABADUA, J.C.A.: (Delivering the Leading Judgment): The crux of this appeal is that by the judgment of the Kaduna State High Court delivered in suit No. KDH/KAD/435/94 on the 6th March, 1997 involving the parties in this appeal, and, upon which execution was levied, the Respondent's movable items listed at paragraphs 9 and 10 of his Statement of Claim were attached and auctioned by the Bailiff of the said High court. Then, a day after the said judgment, i.e. 7/3/97, the Respondent lodged an appeal challenging the decision of the trial Court therein, and, filed a Motion for Stay of Execution of the same. The said Motion was heard and refused by the then trial Court on 3/6/97. Eventually, the Notice of Appeal No. CA/K/68/98 filed in respect of the said judgment, was heard and in the judgment of this Court delivered on the 28th June, 2001, the said judgment in suit No.KDH/KAD/435/94, and upon which execution had been carried out, was set aside, with, the premises in d…