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PROFESSOR MOJISOLA A. O. SOYANNWO AJEPERO ESTATE LIMITED V. AKIN AKINYEMI (Trading under the name and style of Akin Akinyemi & Associates)

(2001) JELR 52896 (CA)

Court of Appeal  •  CA/I/M.51/2000  •  14 Jan 2001  •  Nigeria



ADEKEYE, JCA (Delivering the Lead Ruling): The defendants/ appellants/applicants - Professor Mojisola Sanyanwo and Ajepero Estates

Limited, in suit No. CA/I/M51/2000 filed an application on the 15th of February 2000 before this court asking for the undermentioned reliefs:-

An order to set aside ex debito justitiae , the writ of execution dated the 16th of July 1999 issued out of the Oyo State High Court.

An order to set aside execution of the judgment wrongfully carried out on 21st July 1999 in pursuance of the said writ of execution.

(c) An order to restrain the respondent from taking further steps in the levying of execution against the properties of the defendants/ appellants/applicants and An order to direct the sheriff of the Oyo State High Court to release the Daewoo Racer Car, No. OYO AE 178 DDA attached pursuant to the said writ of execution.

The ground for asking for the aforementioned reliefs is that the judgment debt was duly deposited with the Deputy Registrar of the Court …

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