JAMES GAMBO ABUNDAGA, JCA (Delivering the Leading Judgment): This is an appeal against the ruling of high court of Kaduna State delivered on 23rd March, 2017 in Suit No. KDH/KAD/415/2012 by Hon. Justice Isa Aliyu.
I shall give a brief history of the disputation that led to the matter in court, and the judgment herein on appeal.
The lower court had entered judgment against the Appellant and the 2nd Respondent in favour of the 1st Respondent. For the purpose of satisfying the judgment debt, the 1st Respondent applied for and obtained a writ of attachment and sale of the Appellant’s landed properties situate at No. 1 Conakry Avenue Kam Salem Road, Malali Kaduna, Kaduna State and another one situate at No. 1 Liberia Road Malali Kaduna, Kaduna State. The outstanding judgment sum said to be pending and in respect of which the writ of attachment and sale was applied for is N153,446,741.08.
The order of attachment was carried out by the Deputy Sheriff, Kaduna State but the properties were yet to…