(2000) JELR 44059 (SC)    

Supreme Court  ·  SC.60/1995 ·  14 Jul 2000 ·  Nigeria
Other Citations
Akpunonu v. Beakart Overseas (2000) 12 NWLR (Pt.682)553
Akpunonu v. Beakart Overseas (2000) 12 NWLR (Pt. 682) 553
SALIHU MODIBBO ALFA BELGORE Justice of The Supreme Court of Nigeria IDRIS LEGBO KUTIGI Justice of The Supreme Court of Nigeria MICHAEL EKUNDAYO OGUNDARE Justice of The Supreme Court of Nigeria UTHMAN MOHAMMED Justice of The Supreme Court of Nigeria AKINTOLA OLUFEMI EJIWUNMI Justice of The Supreme Court of Nigeria
Core Terms Beta
high court
court of appeal
1st respondent
immovable properties
sale of appellant
substantial injury
conduct of the sale
court officials
following reliefs
a. o. ejiwunmi
date of sale
date of sale of appellant
decision of the court of appeal
deputy sheriff
final analysis
high court of imo state
i. l. kutigi
imminent sale of his immovable properties
instalmental payment of the judgment debt
judgment of the court
leading judgment
lower courts
movable properties
part of the attached landed properties
part of the landed property
part payment
public notice
reason of such irregularity
right thing
ruling of aba high court
said judgment
similar issues
state of the facts
stay of execution of the court
suit no. a
sum of n623,725.78
writ of execution

I. L. KUTIGI, J.S.C. (Delivering the Leading Judgment): This is an appeal against the decision of the Court of Appeal delivered on 28th February 1995, dismissing Appellant's appeal against the Ruling of Aba High Court dated 7/7/92 refusing Appellant's application for an order to set aside the sale of Appellant's immovable properties pursuant to a writ of Execution.

The facts giving rise to this appeal arose between 1977 and 1978 when the 1st Respondent sold goods to the Appellant on credit. The goods had been shipped to him. The Appellant cleared the goods from the Wharf , sold them and refused to pay the 1st Respondent despite repeated demands. In suit No. A/237/81 the 1st Respondent sued the Appellant in the High Court claiming BF24, 949.031 (Belgian Francs) equivalent to N623.725,78 being the total price of goods sold and delivered to the Appellant. The Appellant did not contest the suit, on 15/4/82 the High Court entered judgment in favour of the 1st Respondent for the sum of N623…

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