BABA ALKALI BA'ABA, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the Katsina State High Court of Justice, sitting in Funtua Judicial Division, dated 29/6/2004, presided over by I. M. Bako, J, in an interpleader proceedings filed by the respondent, claiming ownership of property situate at Yar Malamai Road (Cinema House) covered by certificate of occupancy No. FAS/A/0089. The lower court entered judgment in favour of the respondent.
The facts leading to this appeal briefly are as follows: The appellants were judgment creditors in the case of (1) WEST AFRICAN COTTON LTD (2) ZAZZAU GINNERY LTD. V. IBRAHIM HARUNA in suit No.KTH/FT/23/98. By the leave of the Katsina State High Court sitting in Funtua dated 17/11/2003, the immovable property of the judgment debtor situate at Yar Malamai Road (Cinema House) in Yankara town in Faskari Local Government Area was attached.
That prior to the date fixed for auction sale, the present respondent filed originatin…