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ALHAJI ALI MUKTHAR SHESHE V. ALHAJI HASSAN IBRAHIM DEPUTYSHERRIF OF THE HIGH COURT OF KANO STATE

(2010) JELR 51351 (CA)

Court of Appeal  •  CA/K/228M/2009  •  15 Dec 2010  •  Nigeria

Coram
MARY U. PETER-ODILI JCA (Presided and Read the Lead Ruling) THERESA NGOLIKA ORJI-ABADUA JCA JOSEPH TINE TUR JCA

Appearances
P. A. Attabor - for the Appellant/Applicant. -*- Magaji Mato Ibrahim - for the Respondent.

Judgement
<p><strong> PETER-ODILI JCA (Delivering the Lead Ruling): </strong> There are two motions which are going to be taken one after the other. The first is a motion filed on 28 January 2010, brought by the appellant/applicant praying for the following reliefs:</p><p>“1. An order setting aside the writ and notice of attachment dated 6 October 2009, which emanated from the deputy sheriff’s office of the Kano Judicial Division of the Kano State High Court in enforcement of the judgment of this court pending the determination of the motion for conditional stay already filed before the Court of Appeal, Kaduna.</p><p>2. An order setting aside the execution of attachment of the judgment debtor’s goods carried out by the Deputy Sheriff of the Kano State High Court on the ground that the prevailing facts and circumstances warrant same. </p><p>3. An order suspending or staying the execution of the judgment of this court pending the determination of the motion on notice before the Court of Appeal, Kaduna. </p><p>4. An order restraining Kano State…</p>

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