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UMAR FAROUQ MUSA v. SIKON SYNERGIES LIMITED & ORS

(2016) JELR 41694 (CA)

Court of Appeal  •  CA/K/343/2012  •  22 Apr 2016  •  Nigeria

Coram
ISAIAH OLUFEMI AKEJU JCA; HABEEB ADEWALE OLUMUYIWA ABIRU JCA; AMINA AUDI WAMBAI JCA;

Judgement

ISAIAH OLUFEMI AKEJU, J.C.A. (Delivering the Leading Judgment): By the writ of Summons and statement of claim filed at the High Court of Kaduna State, the 1st Respondent in this appeal as the plaintiff claimed jointly and severally against two defendants, now 2nd and 3rd Respondents an amount of N14,360,000.00 as debt which they (defendants) failed or neglected to pay despite repeated demands as well as the cost of the suit. In that suit No. KDH/KAD/414/2011 the defendants did not file any statement of defence and upon the application of the plaintiff for Summary judgment the trial Court delivered judgment on 12/5/11 granting the amount claimed by the plaintiff with costs of N20,000.00.

The plaintiff subsequently applied for order of Court to levy execution on the immovable property of the 2nd defendant, located at No. 21, Birni Gwari Road Rigasa Kaduna State for the purpose of satisfying the judgment. The application was by way of a motion on notice dated 25/11/11 and was supported by…

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