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ALHAJI AISAMI MUSA v. BAMASSA MOHAMMED BABAGANA

(2017) JELR 37485 (CA)

Court of Appeal  •  CA/J/191/2015  •  19 May 2017  •  Nigeria

Coram
ADZIRA GANA MSHELIA JCA; ADAMU JAURO JCA; ELFRIEDA OLUWAYEMISI WILLIAMS-DAWODU JCA;

Judgement

ADZIRA GANA MSHELIA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the Ruling of the High Court, Borno State delivered on the 16th November, 2015 wherein leave to attach and sale immovable property of the Appellant was granted. The brief facts of the case as narrated by the appellant is that Appellant was sued by the Respondent claiming for the sum of N11,328,000.00 (Eleven Million Three Hundred and Twenty Eight Thousand Naira Only) before the trial Court. The trial Court gave Judgment in favour of the Respondent on the 29th April, 2015. The Appellant brought application for instalmental payment which was conditionally granted. The Appellant paid over N5,000,000.00 (Five Million Naira only). However, some of his movable properties were attached and auctioned. The Respondent brought another application before the trial Court for leave to attach his immovable property. The application according to Appellant was not served on him, but was heard and granted on 16th N…

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