KUTIGI, J.S.C. (Delivering the Leading Judgment): The appeal is really a simple and straightforward one. The Plaintiffs had in the High Court, holden at Yola, obtained judgment against the defendants which states in part:-
"... The defendants shall pay the N5,000 and costs of N500 as damages to the Plaintiffs on or before 12/5/1994."
This was on 12th May, 1994. There was no appeal against the judgment.
The defendants promptly paid the sum of N5,500.00 awarded to the plaintiffs who objected and insisted that the amount awarded as damages was N5,000,000 (five million Naira) as per their writ of summons and not N5,000 (five thousand naira). In furtherance of their claim, the Plaintiffs attached some of the defendants' properties by virtue of a writ of execution issued by the same court. In a reaction, the defendants filed a motion praying the court to set aside the writ of attachment and the execution. The plaintiffs opposed. In his ruling of 30/12/94, the learned trial Judge granted the…