PETER-ODILI JCA (Delivering the Lead Judgment): This is an appeal against the ruling of the High Court of Justice, Kaduna, presided over by honourable Justice Tanimu Zailani on 4 May 1999. The learned trial judge in the said ruling set aside a public auction sale carried out on 13 January 1999 after twenty-one days. The appellant who acquired title at the auction being dissatisfied filed his notice of appeal containing three (3) grounds of appeal upon leave of court.
Facts
Mrs. Latifat Salawudeen the 1st respondent herein obtained a monetary judgment against Mallam Hassan Makera, the 2nd respondent herein from the defunct Upper Area Court sitting at Daura road, Kaduna, on 1 November 1997. The 2nd respondent as judgment debtor appealed unsuccessfully to the appeal session of the Kaduna State High Court and the judgment of the Upper Area Court was upheld. In a bid to enforce the judgmentthe 1st respondent filed an originating summons pursuant to section 44 of the Sheriffs and Civil Pr…