ALH MUHAMMED MUHAMMED V. MARTINS ELECTRONICS COMPANY LIMITED

OLUDOTUN ADEBOLA ADEFOPE-OKOJIE, J.C.A. (Delivering the Leading Judgment): The suit which led to this appeal was instituted by the Respondent herein, as Plaintiff before the High Court, Kano, against one Faraz Abdulazeez, as Defendant. Judgment was entered in favour of the Respondent in the Undefended List on 24/7/2000. An attempt by Faraz Abdulazeez (hereafter referred to as "the Judgment Debtor') to set aside the judgment was refused by the Lower Court in its ruling delivered on 19/2/2001. Following an application by the Respondent, leave was granted by the lower Court on 22/2/2001 to "go against the immoveable properties of the Judgment Debtor". The Respondent, in consequence, attached the property of the Judgment Debtor. Claiming ownership of the property, the Appellant, as Claimant, filed an Interpleader Summons and called three witnesses. The Respondent called two witnesses.

On conclusion of the proceedings, the lower Court delivered a Judgment dismissing the interpleader of the …