ISA SHAMAKI DEPUTY SHERIFF, HIGH COURT OF JUSTICE, ABUJA SHAADU M. ZAHRI V. FRANK BALA BABA

MUSDAPHER, JCA (Delivering the Lead Judgment): Frank Bala Baba was the judgment debtor in suit No. KDH/359/88 at the Kaduna State HighCourt, while Isa Shamaki was the judgment creditor. The aforesaid judgment was registered in the High Court, Abuja for the purposes of execution. As a result, a motor vehicle belonging to the judgment debtor was attached by the Deputy Sherriff on the 26th day of March, 1992. After the attachment, the judgment debtor filed an ex-parte application in the High Court of the Federal Capital Territory to set aside the attachment of his vehicle and for an order of instalmental payment. On the 7th day of April, 1992, the High Court made a conditional order that the car be released to the judgment debtor if it had not been sold until a motion on notice filed by the judgment debtor was determined. It should be noted that the ex-parte motion was filed only against the judgment creditor as the respondent.

In the meanwhile, on the 6/4/1992 the aforesaid vehicle…