JAMES OGENYI OGEBE, J.C.A.:(Delivering the Leading Judgment)The appellants sued one J. N. Otele in a Lagos High Court in Suit NO. LD/1403/86 claiming as follows:-
"(1) The Plaintiffs claim is for the sum of N80, 700.00 (Eighty Thousand Seven Hundred Naira). The net sum of money taken by the Defendant from the 1st and 2nd Plaintiff Company between January and October, 1982 plus interest at the rate of 10% per annum until the full sum is satisfied.
(2) An order that the Defendant's building at Orubor Street Boji Boji Agbor Bendel State which on the Defendant's own admission was built with the stolen monies, be sold in order to satisfy the judgment debt."
The appellants were given judgment as per their first leg of claim on the 2nd day of November, 1987. The trial court made no order in respect of the 2nd head of claim. The appellants registered the judgment of the Lagos High Court in the High Court of Agbor now in Delta State for the purpose of levying execution by the sale of the land…