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ALFA KAMORU SALAWU V. MRS. Z. S. ADEBANKE & ANOR.

(2009) JELR 33079 (CA)

Court of Appeal  •  CA/I/61/2004  •  21 Oct 2009  •  Nigeria

Coram
CLARA BATA OGUNBIYI JCA; CHIDI NWAOMA UWA JCA; MODUPE FASANMI JCA;

Judgement

MODUPE FASANMI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the ruling of the High Court of Justice Oyo State delivered on 12th July 2002, The Appellant was the 1st Respondent before the lower court while the 1st Respondent was the Applicant in suit No. 1/172/2000. The relief sought for at the lower Court was for an order setting aside the sale of the Judgment debtor/Applicant's immovable property situate, lying and being at No. 10, Salawu Street, New Gbagi, Ibadan Oyo State for non-compliance with the legal procedures for sale.

The 1st Respondent filed the application dated 19th March 2002 while the Appellant filed a counter affidavit dated 23rd of May 2002. The application was argued on the 7th June 2002 and ruling was delivered on 12th July 2002. The purported sale of the 1st Respondent's property on the 12th of March 2002 was set aside by the lower court. The Appellant being dissatisfied with the said ruling thereafter appealed to this court by its notice o…

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