THERESA NGOLIKA ORJI-ABADUA, J.C.A.: (Delivering the Leading Judgment): The crux of this appeal is that by the judgment of the Kaduna State High Court delivered in suit No. KDH/KAD/435/94 on the 6th March, 1997 involving the parties in this appeal, and, upon which execution was levied, the Respondent's movable items listed at paragraphs 9 and 10 of his Statement of Claim were attached and auctioned by the Bailiff of the said High court. Then, a day after the said judgment, i.e. 7/3/97, the Respondent lodged an appeal challenging the decision of the trial Court therein, and, filed a Motion for Stay of Execution of the same. The said Motion was heard and refused by the then trial Court on 3/6/97. Eventually, the Notice of Appeal No. CA/K/68/98 filed in respect of the said judgment, was heard and in the judgment of this Court delivered on the 28th June, 2001, the said judgment in suit No.KDH/KAD/435/94, and upon which execution had been carried out, was set aside, with, the premises in d…
IBRAHIM
V.
OJONYE
(2011) JELR 48309 (CA)
Court of Appeal 6 Jun 2011 Nigeria
BriefBot Summary
- The appeal is based on a judgment of the Kaduna State High Court in suit No. KDH/KAD/435/94, which was later set aside by the Court of Appeal. - The respondent initiated a new legal proceeding against the appellant in suit No. KDH/KAD/631
Case Details
Suit Number:CA/K/350/06
Judges:THERESA NGOLIKA ORJI-ABADUA Justice of The Court of Appeal of Nigeria
JOSEPH TINE TUR Justice of The Court of Appeal of Nigeria
OBANDE F. OGBUINYA Justice of The Court of Appeal of Nigeria
Counsel:Chief J. A. Ajayi For Appellant
S. O. Omoloba (Mrs) with M. Seyi (Miss), Mutallah Usman Esq., Hamza Yahaya Esq., A. Oyibo (Miss), Nana Usman (Miss), H. Abdulrasheed Esq. and P. C. Okeke (Mrs) For Respondent
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