THEODORE EMMANUEL CHARLES OWOO & ORS V. MRS. UMO ASUQUO EDET & ORS

MOHAMMED LAWAL GARBA, J.C.A. (Delivering the Leading Judgment): On the 25/3/2011, this court had in appeal No. CA/C/39/2010 from the decision of the High Court of Cross River State, Calabar in Suit No. HC/54/2007, awarded damages of Three Million and Fifty Naira (N3,000,050.00) against the Appellants and in favour of the 1st Respondent. Pursuant to the said award of damages, the 1st Respondent applied for and a writ of fifae was issued by the High Court against the movable property of the Appellants on the 27/6/2011. Appellants' property were attached on the 9/11/2011 in execution of the writ of fifae and in reaction, the Appellants filed a motion before the High Court on the 22/11/2011 praying that the execution levied, be set aside primarily on the grounds that they were not served with the writ of fifae before the execution and it was obtained by gross misrepresentation of facts. The 1st Respondent opposed the Appellants' motion and also raised a preliminary objection on the jurisd…