(2002) JELR 44569 (CA)    

Court of Appeal  ·  CA/K/233/00 ·  12 Mar 2002 ·  Nigeria
Other Citations
Asraco (Nig.) Ltd. v. Trade Bank Plc. [2003] 6 NWLR (Pt.815)22
Ogedengbe v. I.C.P.C. (2002) 12 NWLR (Pt. 780) 59
RABID DANLAMI MUHAMMAD Justice of The Court of Appeal of Nigeria VICTOR AIMEPOMO OYELEYE OMAGE Justice of The Court of Appeal of Nigeria JOSEPH JEREMIAH UMOREN Justice of The Court of Appeal of Nigeria
Core Terms Beta
order of court
sole issue
immovable property
reasonable diligence
immovable property of the appellant
immovable property of the judgment debtor
movable property of the judgment debtor
civil process act
judgment debtor
kano state high court
movable properties
order of the court
provisions of the law
sale of immovable property
counsels submission
leading judgment
order of attachment
respondent issue
sale of the immovable property of the judgment debtor
supreme court
2nd appellants
above reason
alleged error of court
alleged positive failure of the said courts
appellant file
bailiff of the court
brief shows
civil laws of kano state
entire contents of the affidavit evidence
exercise of a reasonable diligence
federal capital territory
immovable property of the 2nd appellant
judgment enforcement rule kano state
judgment enforcement rules
law of the federation
learned trial judge
preliminary hearing
proper issue
recovery of the sum of n86,257,726.68
report of others
respondent file
said sum
sufficient movable property of the judgment debtor
support of respondent
trial court

OMAGE, J.C.A. (Delivering the Leading Judgment): In this appeal, the judgment debtor seeks an order of court to set aside the order of attachment and sale of the immovable property of the judgment debtor. The order of attachment and sale was made by the Kano State High Court on 7th August, 2000. The judgment debtor was dissatisfied with the order of court and filed an appeal thereof on three grounds. Only one issue is formulated from the three grounds which reads;

"whether the respondent as applicant in the court below satisfied the provisions of the law as laid down by section 44 of the Sheriffs and Civil Process Act, Cap. 407, Law of the Federation. Order 4, rule 16 of the

judgment enforcement rules and section 43 of the sheriff and civil laws of Kano State before the learned trial Judge granted its application for leave to attach and sell the 2nd appellants immovable property."

The appellant's brief was field on 31/11/2000. The appellant file also a reply brief on 31/11/00 both of …

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