ALHAJI ISIYAKU YAKUBU ENTERPRISES LTD & ANOR
V.
OMOLABOJE & ORS

(2006) JELR 49464 (SC)    

Supreme Court  ·  SC.143/2001 ·  13 Jan 2006 ·  Nigeria
 · 
Other Citations
Alh. I. Y. Ent. Ltd. v. Omolaboje (2006) 3 NWLR (Pt.966)195 (2006) 1 S.C (Pt III) 1 (2006) 1 S.C (Pt III) 1
CORAM
IDRIS LEGBO KUTIGI Justice of The Supreme Court of Nigeria UMARU ATU KALGO Justice of The Supreme Court of Nigeria DAHIRU MUSDAPHER Justice of The Supreme Court of Nigeria ALOMA MARIAM MUKHTAR Justice of The Supreme Court of Nigeria WALTER SAMUEL NKANU ONNOGHEN Justice of The Supreme Court of Nigeria
Core Terms Beta
appeal
judgment
court
plaintiffs
writ of attachment
trial judge
defendants
learned trial judge
parties
court of appeal
damages
issue
lead judgment
appellants
award
suo motu
n5m
certificate
high court
statement of the trial judge
trial
above extract of the application
above ruling
actual amount of damages
actual award
common sense
costs of n500
counter-affidavit
earlier judgment
early clear expressed judgment
furtherance of their claim
inter alia
judgment certificate
judgment creditor
judgment debtor
judgment of the adamawa state high court
leading judgment
lower court
lower courts
original certificate of judgment
plaintiffs claim
prayers of the defendants
result of the content of a letter
said judgment
sum of n5,500.00
trial court
virtue of a writ of execution
writ of summons

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…

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