(2006) JELR 45814 (CA)    
Court of Appeal  ·  CA/A/108/2001 ·  30 Mar 2006 ·  Nigeria
Other Citations
N.U.B. Ltd v. Samba Pet. Co. Ltd. (2006) 12 NWLR (Pt.992) pg.98
OLUFUNLOLA OYELOLA ADEKEYE Justice of The Court of Appeal of Nigeria MARY U. PETER-ODILI Justice of The Court of Appeal of Nigeria OLABODE RHODES-VIVOUR Justice of The Court of Appeal of Nigeria
Core Terms Beta
writ of summons
default of pleadings
trial judge
trial court
learned trial judge
provisions of order
default of appearance
interlocutory injunction
court of appeal
leave of the court
mr. p.o. okolo
niger state
service of the writ of summons
3rd defendant
3rd defendants judgment debtors
court of appeal rules
defective writ
execution of the said judgment
following orders
leading judgment
set aside
2nd appellant
2nd defendant judgment debtor
3rd appellant
address of the 1st appellant
briefs of argument
consolidated suit
ex-parte application
favour of the 3rd defendant plaintiff
filing of the writ of summons
following reliefs
judgment of this honourable court
jurisdiction of this court
law of such state
legal position
motion ex-parte
mr. b.f. fashanomi
order of court
order of perpetual injunction
present proceedings
rules of court
ruling of hon. justice o. oyewo of the high court
view of the issues

RHODES-VIVOUR, J.C.A. (Delivering the Leading Judgment): This is an appeal against the ruling of Hon. Justice O. Oyewo of the High Court of Justice, Suleja, Niger State delivered on the 17th of October 2000.

The facts which led to the present proceedings are as follows:

The plaintiff/respondent sued the defendants/appellants on a writ of summons taken out on 9/10/98 claiming:

1. "A declaration that the 3rd defendant in a consolidated suit No: KDH/KAD/314/91 is claiming just money and not the plaintiff's property and that at the end of that suit (and any appeal thereof) even if the Judgment is entered in favour of the 3rd defendant plaintiff will be ordered to pay money.

2. A declaration that until the suit between the 3rd defendant and the plaintiff which is now pending before the Court of Appeal, Abuja Division is conclusively determined the issue whether the property of the plaintiff can be auctioned cannot arise.

3. N3 Million against the defendants for trespass.

4. An order of …

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