CLARA BATA OGUNBIYI, JCA (Delivering the Leading Judgment): The appeal at hand is against the Ruling of the Lagos High Court, presided over by Honourable Justice Adefope Okojie dated 17th November, 2004 wherein he dismissed the applicant's application dated 23rd March, 2004 on the ground that the court is funtus officio and that the only remedy to the applicant, if aggrieved is to appeal against his ruling of 5th November, 2002.
The brief facts of this case was that the appellant by his motion dated 23rd March, 2004 sought to set aside the order of writ of attachment and sale of his immorable property situate at 34, now 42, Adeniyi Street Alakuko, Lagos State dated 16th March, 1999 on the ground of fraud and gross misrepresentation of facts in the way and manner the order itself was obtained, and in the said sale of the property. For the comprehensive understanding of this case, regard must be had to the historical background of same that gave rise to the state of the appeal now befor…