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IBRAHIM MASTER v. MOHAMMED MANSUR & ORS

(2014) JELR 36486 (CA)

Court of Appeal  •  CA/K/228/2010  •  29 Apr 2014  •  Nigeria

Coram
DALHATU ADAMU JCA CFR ABDU ABOKI JCA HABEEB ADEWALE OLUMUYIWA ABIRU JCA

Judgement
<p><br></p><p><strong>HABEEB ADEWALE OLUMUYIWA ABIRU, J.C.A. (Delivering the leading : ): </strong>This appeal is against the decision in the ruling of the Kaduna State High Court in Suit No. KDH/KAD/284/2003 delivered by Honourable Justice M. T. M. Aliyu on the 15th of March 2006. The Appellant commenced an action in the lower Court under the Fundamental Right (Enforcement Procedure) Rules and he prayed for:</p><p> i. A declaration and an Order that the purported attachment and confiscation of the Applicant's property lying and situate at No. MK 14, Magaji Sambo Road, Tudun Wada, Kaduna purportedly made in the course of the judgment in satisfaction of the terms of the said judgment without affording the Applicant an opportunity to pay the judgment debt and without previously attempting to dispose of his movables and without affording him a hearing is unconstitutional and a breach of his right to fair hearing as guaranteed by Section 36 of the 1999 Constitution.</p><p> ii. A declaration that the sale of the Applicant's pro…</p>

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