MAIKABA V. ARTO PHARMACEUTICAL CHEMIST LTD & 3 ORS

TIJJANI ABUBAKAR, J.S.C. (Delivering the Lead Judgment): This appeal is against the judgment of the Court of Appeal, Sokoto Judicial Division, delivered on the 24th day of March 2017 in Appeal No. CA/S/22/2016. The facts giving rise to the present appeal are that the 1st and 2nd Respondents were debtors of the defunct Gamji Bank Plc, now Eco. Bank Plc, the 1st and 2nd Respondents owed the Bank the sum of N191,787.38. The Eco. Bank proceeded to auction some immovable properties of the 1st and 2nd Respondents without any valid writ of attachment. The 1st and 2nd Respondents felt aggrieved by the illegal sale of their immovable properties and therefore approached the High Court of Justice Sokoto State praying the Court to set aside the sale on grounds of non-compliance with due process. On the 16th day of May 2001, the application filed by the 1st and 2nd Respondents was dismissed. The 1st and 2nd Respondents became aggrieved by the decision and therefore filed an appeal at the Court of …