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ALH. ALKASIM U. SULEIMAN ABDULAZEEZ YUSHA’U V. UPPER SHARIA COURT NO. 1, G. R. A., ZARIA IDRIS ABDULLAHI

(2014) JELR 56455 (CA)

Court of Appeal  •  CA/K/178/2013  •  11 Mar 2014  •  Nigeria

Coram
ABDU ABOKI JCA ( Presided ) ITA G. MBABA JCA ( Read the Lead Judgment )

Appearances
Tajudeen O. Oladoja, Esq. (with him, Muritala Abdulrashid Esq., -*- Agnes Tache Omuya, Mrs. M. B. Yusuf, Esq., M.T. Rashid, Esq. A -*- and Abubakar Umar, Esq.) - for the Appellants. -*- Bello Ibrahim, Esq. - for the Respondent.

Judgement

MBABA JCA (Delivering the Lead Judgment): This is an appeal against the ruling of the Kaduna State High Court in suit No. KDH/Z/52/ 2012, delivered on 30 January 2013, by Hon. Justice B. F. Isah. Appellants, as applicants at the court below, had, by a motion on notice filed on 8 March 2012, sought an order of certiorari to remove to the High Court of Justice, the order and/or writ of attachment (immovable property) of the 1st appellant’s house, situate at No. C5 Ungwan Tanki Kofar Doka, Zaria City, issued on 6 January 2012 by judgment in the sum of the 1st respondent in suit No. 186/2011, for the purpose of being quashed. In a considered ruling, the court below dismissed the application. The background facts show that the 1st respondent (Upper Sharia Court No. 1, GRA, Zaria) had entered N3,200,000.00 (three million, two hundred thousand naira) against the 2nd appellant in favour of the 2nd respondent. The 1st appellant, who was not a party to the suit leading to the judgment at th…

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