(2018) JELR 39005 (CA)    

Court of Appeal  ·  CA/S/46/2017 ·  24 May 2018 ·  Nigeria
HUSSEIN MUKHTAR Justice of The Court of Appeal of Nigeria MUHAMMED LAWAL SHUAIBU Justice of The Court of Appeal of Nigeria FREDERICK OZIAKPONO OHO Justice of The Court of Appeal of Nigeria
Core Terms Beta
1st respondent
1st appellant
judgment creditor
obiter dictum
agency of the 2nd respondent
grounds of appeal
1st claimant
court of appeal rules
agent of 1st judgment debtor
considered view
learned trial judge
notice of preliminary objection
ratio decidendi of the court
1st respondents counsel
circumstances of this case
ratio decidendi of the decision of the trial
trial court
alleged error
decision of the trial court
determination of this appeal
ruling of the trial court
view of the peculiar facts of this case
15th claimant
2nd grounds of appeal
agency of the 1st judgment debtor
amended notice of appeal
appellate courts
careful consideration of grounds
contravention of the clear provision of order
courts ruling
decision of the federal high court gusau
favour of the respondent
final judgment
fourth schedule side
important considerations
leading judgment
part of the 1st respondent
provisions of section
record of proceedings of the court
said appellants
submission of counsel
support of the notice of preliminary objection
support of this position
trial judge
various cases

FREDERICK OZIAKPONO OHO, J.C.A. (Delivering the Leading Judgment): This Appeal is against the decision of the Federal High Court Gusau, Zamfara State, delivered on the 27-02-2017, by FATIMA MURTALA, J wherein the Court entered final judgment/Ruling in favour of the Respondent/Judgment Creditor in which the Appellants took out an Interpleader Summons, claiming interest over vehicles attached in Execution of the judgment against the judgment Debtors who are Appellants in this Court. The Court below, having found that the Appellants did not prove their claims the said Appellants have in their dissatisfaction with the Courts Ruling filed an Appeal to this Court.

Their Notice and Grounds of Appeal dated 14th March, 2017 containing three (3) Grounds of Appeal, was filed on the same date. See pages 78-79 of the record. The Record of Proceedings of the Court below was transmitted on the 24-03-2017. An Amended Notice of Appeal was filed on the 30-10-2017 and deemed properly filed on the 30-1-20…

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