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ALHAJI BABA M. SALEH V. ALHAJI SHETIMA MONGUNO & ORS.

(2006) JELR 33137 (SC)

Supreme Court  •  SC.403/2001  •  7 Jul 2006  •  Nigeria

Coram
IDRIS LEGBO KUTIGI JSC; ALOYSIUS IYORGYER KATSINA-ALU JSC; IGNATIUS CHUKWUDI PATS-ACHOLONU JSC; GEORGE ADESOLA OGUNTADE JSC; FRANCIS FEDODE TABAI JSC;

Judgement


TABAI, J.S.C. (Delivering the Leading Judgment): The process culminating in this appeal started 24 years ago when the 1st respondent, as plaintiff filed suit No. M1152/82 against the appellant as defendant at the Borno State High Court. The action was under the undefended list procedure and he obtained judgment for the sum of ₦1,412,926.00 plus ₦5,000.00 costs on the 16/12/82. The appellant filed an appeal. While he pursued the appeal, he did not seek and obtain an order for stay of execution.

The 1st respondent made some efforts to recover the judgment debt and as at 26/1/84, he had recovered only ₦280,000.00 from the movable properties of the appellant leaving a balance of ₦1,137,986.00. On the 26/1/84 therefore, he filed a motion for leave to attach three specific immovable properties of the appellant in Maiduguri covered by certificates of occupancy Nos. NE 1776, NE 1777 and NE 1828. And on the 29/2/84 the trial Chief Judge granted the leave. In purported execution of the aforesa…

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