ASIMS (NIG.) LTD.
V.
LOWER BENUE RIVER BASIN DEV. AUTHORITY

(2001) JELR 57782 (CA)    

Court of Appeal  ·  CA/J/107/98 ·  3 May 2001 ·  Nigeria
 · 
Other Citations
Asims (Nig.) Ltd. v. L.B.R.B. Dev. Auth. (2002) 8 NWLR (Pt. 769) 349
CORAM
OLUDADE OLADAPO OBADINA, JCA ISA ABUBAKAR MANGAJI, JCA
Core Terms Beta
law
respondents
order
rule
wrong law
non-existent law
trial court
enactment
learned trial judge
lower court
court of appeal
honourable court
issues
laws of the federation
learned san
3rd issue
exclusive legislative list
federal law
federal legislative authority
honourable trial judge
issue no.
laws of the federation of nigeria
only effective law
plateau state
proper law
second issue
appellant’s counsel
applicant’s counsel
constitution of the federation
favour of the appellants
final result
good time
judgment of the trial high court
lead judgment
n1,097,170.00k
n420.00 costs
n685,200.00k
partial judgment
part-payment of n500,000.00 of the judgment debt
plateau state high court
probative value
repeal of a statute
respective parties
sphere of its legislative competence
statute books
subject-matter
submission of the learned counsel
such further order
sum of n1,096,750.00
vehicles of the respondents

MUHAMMAD, JCA (Delivering the Lead Judgment): In the original suit, the Plateau State High Court sitting at Keffi (then of Plateau State) entered a partial judgment in favour of the appellants (as plaintiffs) for the sum of N1,096,750.00 as damages plus N420.00 costs. The respondents (asdefendants) filed an appeal against the judgment and made part-payment of N500,000.00 of the Judgment debt. Before paying the balance however, the appellants levied execution and attached some 7 vehicles of the respondents.

The amount realised was N865, 200.00 which was added to the N500,000.00 and paid to the plaintiffs as judgment sum. The defendants were dissatisfied and appealed to the Court of Appeal. The Court of Appeal allowed the appeal on 30/10/92 and set aside the judgment of the trial High Court. The respondents then filed a motion on notice pursuant to Order II rule 10 of the Judgment (Enforcement) Rules, 1963 praying for the following reliefs:

“1. An order directing the respondents herein …

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