ABDU ABOKI, J.C.A. (Delivering the Leading Judgment): The instant appeal is against the final judgment of the High Court of Justice, Kaduna State delivered on 27/4/2010 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 issuance of writ of attachment against the properties of the Plaintiff.
B. 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 to warrant the issuance of writ of a…