NIPSS & ANOR
V.
OSIGWE & ANOR

(2007) JELR 45838 (CA)    

Court of Appeal  ·  CA/J/100M/2005 ·  28 Feb 2007 ·  Nigeria
 · 
Other Citations
N.I.P.S.S v. Osigwe (2008) 6 NWLR (Pt.1083)
N.I.P.S.S. v. Osigwe (2008) 6 NWLR (Pt. 1083) 239
CORAM
RABIU DANLAMI MUHAMMAD Justice of The Court of Appeal of Nigeria KUMAI BAYANG AKAAHS Justice of The Court of Appeal of Nigeria MOHAMMED LADAN TSAMIYA Justice of The Court of Appeal of Nigeria
Core Terms Beta
applicants
application
fact
paragraphs
respondents
order
attached properties
better affidavit
lower court
evidence act
high court
suit nos
construction of the constitutional provision
copy of the motion
earlier order
judgment debtor
micheletti plc
notice of appeal
senior advocate
supporting affidavit
1st june
2nd appellant
a. michelletti ltd
application of section
counter-affidavit
decision of the high court plateau state
execution of the said decision
favour of the respondents
federal prison
guiding principle
high court premises
justice dakwang
leading ruling
michelletti plc
monetary judgments
premises of the 1st appellant
properties of the said judgment debtor
r. d. muhammad
release of the attached properties
said a. michelletti
said decision
said micheletti plc
said order
special circumstances
stay of the execution of the decision
substantial issues
support of the application
true copy of the said order
view of the averments

TSAMIYA, J.C.A. (Delivering the Leading Ruling): The respondents in this application obtained monetary judgments against one A. MICHELLETTI LTD in two separate actions; suit Nos. PLD/J/34/2003 and PLD/35/2003 respectively. The said A. Michelletti (the judgment debtor) did not appeal against the aforesaid judgments. Pursuant to the judgments aforesaid, the respondents took out writ of attachment against the properties of the said judgment debtor and attached some properties at the premises of the National Institute and Policy of Strategic studies (NIPSS). These attached properties were not allowed to be evacuated to the High court premises from the premises of NIPSS. Sequel to the refusal, the respondents on 6/5/2003 filed a motion on Notice, No. PLD/178M/2003 praying the High Court to order both the NIPSS and Major General M. Osahor C.O.N. to release the attached properties to the bailiffs or in the alternative to pay the sum adjudged. The High court on 5/2/2004, granted the applicati…

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