HYDROWORKS LTD.
V.
RIMI LG

(2001) JELR 44368 (CA)    

Court of Appeal  ·  CA/K/248/2000 ·  27 Jun 2001 ·  Nigeria
 · 
Other Citations
Hydroworks Ltd. v. Rimi Local Govt (2002) 1 NWLR (Pt 749)564
CORAM
ISA AYO SALAMI Justice of The Court of Appeal of Nigeria MAHMUD MOHAMMED Justice of The Court of Appeal of Nigeria VICTOR AIMEPOMO OYELEYE OMAGE Justice of The Court of Appeal of Nigeria
Core Terms Beta
interest
appellant
appeal
grounds of appeal
issues
judgment sum
leave of court
high court no.5
learned trial judge
lower court
civil procedure
learned counsel
trial court
affidavit evidence
assets of the respondent
high court no.5 katsina
installmental payments
katsina state high court
suit no. kth
sum of n459,910.99
court of appeal
deputy sheriff of the high court
grounds of appeal of appellant
high court
laws of katsina state of nigeria
satisfaction of the judgment of the high court
sum of n4,249,109.99
application of the judgment creditor
application pursuance of order
better affidavit
brief issues
copy of the certificate of judgment
decision of katsina state high court of justice
district of the court
execution of judgment
following order
further calculation of interest
general ground
high court of justice no.
installmental part payment
judge of that court
jurisdiction of the trial court
leading judgment
learned trial judge inter alia
outstanding balance of n109,910.00
present case
respondent brief of argument
sum of money

SALAMI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of Katsina State High Court of Justice, sitting in Katsina, wherein the appellant applied under Order 46 rule 1 of the Katsina State High Court (Civil Procedure) Rules for the following order:-

(1) An order directing the deputy sheriff of the High Court to levy execution on the assets of the respondent in satisfaction of the judgment of the High Court in the sum of N4,249,109.99 in suit No. KTH/8UL/98."

A copy of the certificate of judgment was attached to the affidavit in support and marked as exhibit A and B. There is a further and better affidavit with 2 attachments.

The application is opposed by a counter affidavit. I cannot find authority for bringing this application pursuance of Order 46 rule 1 of the Katsina State High Court (Civil Procedure) Rules Cap. 60 of the Laws of Katsina State of Nigeria, 1991. The applicant's remedy lies in Sheriffs and Civil Process Law Cap. 125 of the Laws of …

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