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CHIEF M. O. OLATUNJI V. OWENA BANK OF NIGERIA PLC & ANOR

(2002) JELR 48880 (CA)

Court of Appeal  •  CA/IL/26/2000  •  8 Apr 2002  •  Nigeria

Coram
MURITALA AREMU OKUNOLA JCA; PATRICK IBE AMAIZU JCA; WALTER SAMUEL NKANU ONNOGHEN JCA;

Judgement

OKUNOLA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the interlocutory decision of D. F. Babalola J., of Ekiti State High Court sitting at Ado Ekiti upon an application by the respondents to set aside the execution of the judgment of the court carried out against the respondents.

The facts of this case briefly put were as follows:

The plaintiff/judgment/creditor/appellant was the respondent while the respondents were the defendants/judgment debtors at the Ado Ekiti High Court. The appellant was a businessman and owner of a Saw mill factory at Iddo Ekiti. On 13th August, 1997 the 1st respondent appointed and caused the 2nd respondent, who claimed to be a licensed auctioner, to remove, at gun point (police gun men) at his Saw mill equipments. The appellant demanded for the return of the equipment without success. He sued at Ado Ekiti High Court for return of the equipment and damages for wrongful, illegal and unconstitutional conducts. Hon. Justice D. F. Babalola…

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