WEST AFRICAN COTTON LTD. & ANOR. V. ALHAJI BAKO MAIWADA

KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN, J.C.A.: (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Katsina State, Funtua Judicial division delivered on 5/5/04 in respect of interpleader proceedings. The appellants were judgment creditors in Suit No. KTH/FT/23/98: West African Cotton Ltd. v. Alhaji Ahmadu Yankara. Pursuant to leave of court obtained on 17/11/03 the immovable property of the judgment debtor, Alhaji Yankara, situate at Yankara Market was attached in satisfaction of the judgment debt. A date was fixed for the auction of the said property. Prior to the date fixed for the auction, the respondent in this appeal filed an originating summons dated 4/2/03 but filed on 11/3/04 seeking the determination of the following questions:

1. "Whether the judgment debtor still retains ownership of the property situate a (sic) lying (at) Yankara Market opposite Police Outpost Yankara now sought to be attached and sold by the judgment creditor …