(2015) JELR 40313 (CA)    

Court of Appeal  ·  CA/K/171/2007 ·  12 Jun 2015 ·  Nigeria
ABDU ABOKI Justice of The Court of Appeal of Nigeria ISAIAH OLUFEMI AKEJU Justice of The Court of Appeal of Nigeria HABEEB ADEWALE OLUMUYIWA ABIRU Justice of The Court of Appeal of Nigeria
Core Terms Beta
third party
lower court
supreme court
order of possession
mesne profits
motion ex parte
high court of kano state
court of appeal
legal practitioner
third party notice
brief of arguments
first issue
said land
action of the appellant
basis of a motion ex parte
favour of the appellant
instance of the third party
originating process
amended statement of claim
company of the bailiffs of the high court
court order
credible evidence of the rental value of the property
execution of the order
favour of the third party
first plaintiff witness
good professional conduct
issuance of a writ of summons
judgment of the kano state high court
kano state
kayode olatunji of kayode olatunji
law firm
leading judgment
leave of the lower court
necessary sale documents of the property
operative words
order of possession of the land
possession of his property
possession of the properties
property consisting of land
public auction notice
records of this court show
sale of the immovable property of the respondent
signing of a writ of summons
such shifty attitude
unauthorized person

HABEEB ADEWALE OLUMUYIWA ABIRU, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the Kano State High Court in Suit No K/450/1998 delivered by Honorable Justice P. A. Mahmoud on the 3th of March, 2004. This case is an off-shoot of another case with a chequered history. The Respondent was the owner of premises consisting of land and buildings situate at Plot 472, Hassan Katsina Street, Hotoro GRA, Kano. The Respondent borrowed money from the Third Party and it created an equitable mortgage over the said land and buildings in favour of the Third Party as security for the loan. The Respondent defaulted in repaying the loan and whereupon the Third Party commenced an action and obtained Judgment for the indebtedness against the Respondent. The Third Party thereafter filed a motion ex parte in the High Court of Kano State for the attachment and sale of the immovable property of the Respondent, i.e. the said land and buildings, in satisfaction of the judgment d…

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