OLUKAYODE ARIWOOLA, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of Katsina State High Court of Justice sitting in Funtua Judicial Division dated 14th June, 2004 delivered by Hon. Justice I. M. Baka in Suit No. KTH/FT/20/03.
The facts of the case are that the Appellants were Judgment Creditors in Suit No. KTH/FT/23/98 between - WACOT and 1 Other V. Alhaji Ahmadu Yankara, the Judgment debtor. By the leave of the Katsina State High Court sitting in Funtua dated 17th November, 2003 the immovable property of the Judgment debtor situate at Yankara town, covered by Certificate of Occupancy No. FAS/A/0088 was attached. Prior to the date fixed for the auction sale of the attached property, the present Respondent filed an originating summons claiming ownership of the said attached property. The originating summons was opposed by the Appellants. Judgment was eventually entered infavour of the Respondent. The Appellants being dissatisfied with the judgment filed …