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(2021) JELR 109541 (CA)

Court of Appeal  •  CA/B/23/2013  •  18 Nov 2021  •  Nigeria

Biobele Abraham Georgewill, JCA Joseph Eyo Ekanem, JCA Abimbola Osarugue Obaseki-Adejumo, JCA


JOSEPH EYO EKANEM, J.C.A. (Delivering the Leading Judgment): This appeal is against the ruling of the High Court of Edo State, sitting in the Benin Judicial Division (the trial Court) delivered on 3/8/2012 in Suit No. B/893/99 by U.I. Erameh, J. In the ruling, the trial Court granted the application of the respondents by directing the issuance of a writ of attachment and sale of the immovable property of the appellant, namely: a bungalow situate at No. 31, Otoghile Street, off Okhoro Road, Benin City, Edo State, in satisfaction of an unpaid judgment debt in the suit.

Aggrieved by the ruling, the appellant appealed to this Court by the means of a notice of appeal filed on 13/8/2012.

​The facts of the case which sired this appeal may be summarized as follows: At the trial Court, the respondents sued one Richard Oviawe for the reliefs specified in the statement of claim that accompanied the writ of summons by which the suit was commenced. The trial Court entered judgment in favour of the r…

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