(2005) JELR 46415 (CA)    

Court of Appeal  ·  CA/K/63/2002 ·  15 Jun 2005 ·  Nigeria
Other Citations
Livestock Feeds Plc. v. Funtua [2005] 17 NWLR (Pt.955) Pg. 549
BABA ALKALI BA'ABA Justice of The Court of Appeal of Nigeria ABUBAKAR ABDULKADIR JEGA Justice of The Court of Appeal of Nigeria KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN Justice of The Court of Appeal of Nigeria
Core Terms Beta
1st respondent
learned trial judge
learned counsel
trial court
grounds of appeal
preliminary objection
printed record
first issue
judgment debtor
second issue
2nd respondent
civil process act cap
crusader insurance co. ltd.
documentary evidence
kaduna state high court
order of the instalmental payment
provision of section
ruling of the learned trial judge
said application
sale of moveable items of the appellant
1st day of february
alhaji rabiu umar funtua
attached items
attachment of some moveable properties of the appellant
background facts of the case
deputy sheriff
entire sum
error of law
favour of the 1st respondent
first point
following issues
full assurance of prompt payment
instance of the 1st respondent
leading judgment
notice of appeal
order of the trial court
procedure of this court briefs of argument
relevant averments
respect of an application
ruling of the kaduna state high court
said sale of the moveable items
support of his case
total instalmental payment of n640,000.00

BA'ABA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the ruling of the Kaduna State High Court, delivered on the 1st day of February, 2002, by Abiriyi, J. contained at pages 64 - 68 of the printed record in respect of an application dated 10/1/2002 for an order setting aside the sale of moveable items of the appellant as the judgment debtor carried out by the deputy chief registrar, Kaduna State High Court at the instance of the 1st respondent. The application was argued by the counsel to the parties and in its reserved and considered ruling delivered on 1/2/2002, the learned trial Judge inter alia held:-

"Notwithstanding the striking out of the paragraphs referred to above, I find no basis for granting the application. It is accordingly hereby dismissed."

The background facts of the case, leading to this appeal briefly are as follows: The 1st respondent, Alhaji Rabiu Umar Funtua, is a businessman, trading in the name and style of "Alhaji Umaru Yaro and Sons" wa…

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