Customer Support

ASIMS (NIGERIA) LTD. & ANOR.
V.
LOWER BENUE RIVER BASIN DEVELOPMENT AUTHORITY & ORS.

(2001) JELR 42857 (CA)

Court of Appeal 3 May 2001 Nigeria
BriefBot icon

BriefBot Summary

Free

- The Plateau State High Court awarded the plaintiffs (appellants) N1,096,750.00 in damages and N420.00 costs; the defendants (respondents) partially paid but the plaintiffs levied execution before the entire judgment debt was paid, resulti

Case Details

Suit Number:CA/J/107/98
Judges:IBRAHIM TANKO MUHAMMAD Justice of The Court of Appeal of Nigeria OLUDADE OLADAPO OBADINA Justice of The Court of Appeal of Nigeria ISAH ABUBAKAR MANGAJI Justice of The Court of Appeal of Nigeria
Counsel:N. O. Ochoche For Appellant Dr. S.S. Ameh, SAN;C. A. Inyada andA. S. Odariko For Respondent
Other Citations:Asims (Nig.) Ltd. v. L.B.R.B. Dev. Auth. (2002) 8 NWLR (Pt.769)349

MUHAMMAD, J.C.A. (Delivering the Leading 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 (as defendants) 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 court. The respondents then filed a motion on notice pursuant to Order II Rule 10 of the Judgments (Enforcement) Rules 1963 praying for the following reliefs:

"1. An Order directing the respondents herei…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 77,000 cases, recent judgments, statutes, and rules of court.