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MR. IFEANYI E. E. JOB NWAUDO & ANOR v. MR. JOB MBA & ANOR

(2016) JELR 36833 (CA)

Court of Appeal  •  CA/OW/273/2014  •  24 Mar 2016  •  Nigeria

Coram
IGNATIUS IGWE AGUBE JCA; PETER OLABISI IGE JCA; FREDERICK OZIAKPONO OHO JCA;

Judgement

IGNATIUS IGWE AGUBE, J.C.A.(Delivering the Leading Judgment):

This Appeal is sequel to the Ruling of the Honourable Justice T.U. Uzokwe sitting at the Aba Division of the High Court of Justice, Abia State which Ruling was delivered on the 7th day of March, 2013 granting the 2nd Respondent herein who was Plaintiff/Judgment-creditor’s Application by way of Motion on Notice for an Order of the Court to attach for sale the immovable property of the Defendant/Judgment Debtor/Respondent (now the 1st Respondent in his Appeal), comprising the entire Bungalow together with the appurtenances situate at and known as No. 20 Aguwa Avenue Off Ovom Street, Ogbor Hill, Aba.

The Application was supported by an Affidavit of nine paragraphs and the Applicant/Judgment. Creditiror’s Learned Counsel’s Address. Annexed to the Affidavit was Exhibit ‘A’ captioned; “Form 29 RECEIPT TO BE BGIVEN BY BAILIFF OR. 1 R 5” issued in favour of Ijieoma O. Ijieoma under Writ (or Order) (or Warrant) dated 2n…

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