ABOKI JCA (Delivering the Lead Judgment): The instant appeal is against the final judgment of the High Court of Justice Kaduna State,delivered on 27 April 2010 by T. Zailani J. The brief facts of the case leading to this appeal are that the 1st respondent as plaintiff at the trial court filed suit No. KDH/KAD/510/07 against the appellant and the 2nd respondent as defendants in the trial court, claiming the following reliefs: “A. A declaration that the judgment of the Court of Appeal in appeal No. CA/K/239/2000, setting aside the judgment in suit No. KDH/KAD/560/99 and striking out the said suit for want of jurisdiction of the trial court is not executory and therefore cannot be a basis for the issuance of a writ of attachment against the properties of the plaintiff.
A declaration that the plaintiff has not been adjudged liable by the said judgment of the Court of Appeal in appeal No. CA/K/ 239/2000, to pay the 1st defendant the sum of N3,250,000.00 (three million, two hundredand fift…