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UNITED BANK FOR AFRICA PLC V. JIMMY KING (NIGERIA) LTD

(2006) JELR 52620 (CA)

Court of Appeal  •  CA/E/148/2005  •  21 Nov 2006  •  Nigeria

Coram
RAPHAEL OLUFEMI ROWLAND, JCA SULEIMAN GALADIMA, JCA JIMI OLUKAYODE BADA, JCA

Appearances
Dr. A. J. C. Mogbana Esq. for the Appellant; Chijioke Kanu Esq. for the Respondent.

Judgement

GALADIMA JCA (Delivering the Lead Judgment): The respondent as plaintiff obtained judgment at the High Court of the Federal Capital Territory, Abuja, for the sum of ₦87,655,000.00 (eighty-seven million, six hundred and fifty-five thousand naira) with interest at the rate of 30% (thirty percent) thereon from 4 April 2003 until the liquidation of the judgment sum.

Thereafter, the respondent applied to the High Court of Anambra State Idemili Division, for leave to levy execution on the judgment debtor’s property at Anambra State, International Market, Oba, Idemili South L.G.A. Pursuant to this application, leave was granted and writ of execution and notice of execution were issued by the court.

Consequently, the said market stalls were sealed and notice of sale of the same published. In opposition, the appellant filed a notice as third party/intervener claimant of the market and the structures. The claim was dismissed on 27 September 2004. The appellant aggrieved by the ruling has now a…

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