OLUDOTUN ADEBOLA ADEFOPE-OKOJIE, J.C.A. (Delivering The Leading Judgment): This Appeal arose out of interpleader proceedings and is against the Ruling of the High Court of Kaduna State delivered by Hon. Justice J.S. Abiriyi (as he then was) on the 25th day of February, 1998.
The facts of this case are that the 1st Respondent, as Plaintiff, obtained judgment in the Undefended List against the 2nd and 3rd Respondents, as Defendants, in respect of a loan given by it to the said Respondents. The Judgment, from the Record of Appeal, was delivered by Ibiyeye J (as he then was) on 18/9/95. In satisfaction of the judgment debt the 1st Respondent attached and auctioned the movable properties of the 2nd and 3rd Respondents. Realising less than the judgment debt, it was granted leave to attach the immoveable property of the said Respondents, consequent upon which the property at No. AK 14 Wushishi Road, Kaduna was attached and an auction notice published. A sale was conducted and the property so…