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OWENA BANK (NIGERIA) PLC V. JOF IDEAL FAMILY FARMS LIMITED

(2003) JELR 54322 (CA)

Court of Appeal  •  CA/B/118M/2002  •  25 Jun 2003  •  Nigeria

Coram
MUHAMMAD S. MUNTAKA-COOMAISSIE, JCA (Presided) KUMAI BAYANG AKAAHS, JCA AMINA ADAMU AUGIE, JCA (Read the Lead Ruling)

Appearances
Chief A. A. Adeniyi - for the Applicant . Oluwole Aina, Esq., - for the Respondent.

Judgement
<p><strong> AUGIE, JCA (Delivering the Lead Ruling): </strong> The applicant is praying this court for the following-</p><p>1. AN ORDER of court setting aside the application for a writ of attachment and writ of attachment issued in Suit No. AK/ 156/97 in respect of the judgment of Honourable Justice B. O. A Adejumo dated 9th October 2001.</p><p>2. AN ORDER of the court setting aside and/or invalidating the execution of judgment levied by the respondent in this suit on 11th June 2002 on the ground that the said execution was conducted illegally, unlawfully and/or in flagrant violation of law and calculated to overreach the decision of the Court of Appeal on the motion for stay of execution pending at the Court of Appeal, Benin City. </p><p>The grounds of the application are as follows-</p><p>(i) The writ of attachment on which the execution is grafted is illegal, unlawful, invalid, incompetent, null, void and unconstitutional. </p><p>(ii) The execution was mischievously carried out in flagrant disregard to the pending application for stayโ€ฆ</p>

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