(2001) JELR 44356 (CA)    

Court of Appeal  ·  CA/E/64/2000 ·  9 Jul 2001 ·  Nigeria
Other Citations
Nwankwu v. Anieto (2002) 2 NWLR (Pt. 752)729
JUSTIN THOMPSON AKPABIO Justice of The Court of Appeal of Nigeria SULE AREMU OLAGUNJU Justice of The Court of Appeal of Nigeria MUSA DATTIJO MUHAMMAD Justice of The Court of Appeal of Nigeria
Core Terms Beta
lower court
instant appeal
rules of court
production of the attached vehicle
suo motu
2nd issue
chief judge
enugu state
notice of motion
anambra state high court
appellate court
authority power
breach of the rules of fair hearing
civil rights
constitutional provision
enugu state high court
facts of the case
first issue
following cases
foregoing provisions of this section
high court
interim release of the attached vehicle
interlocutory appeal
leading judgment
learned judge
main reasons
mandatory order
m. d. muhammad
order of court
payment of the judgment debt
pendency of this motion
provisions of the constitution
purpose of this appeal
reason of any defect
respect of the order
rules of fair hearing
s.26 of the sheriff
sale of the attached vehicle
sum of n676,386.27k
trial judge

M. D. MUHAMMAD, J.C.A. (Delivering the Leading Judgment): This is an interlocutory appeal, against the decision of Hon. Justice J.C.N. Ugwu CJ, of the Enugu state High Court, dated 20th April, 2000. The decision was against the defendants, who before us, are and will hereinafter, be called the appellants. The plaintiff at the lower court is and will for the purpose of this appeal, be called the respondent. The facts of the case in the instant appeal are very brief, and are hereunder stated.

Following a judgment for the sum of N676,386.27k, awarded against the appellants, by the Anambra State High Court, sitting at Onitsha. Respondent being the beneficiary, registered the judgment at the Enugu State High Court, in suit No. E/4CJ/99. Consequently, 1st appellant's car with Registration No. CY539KJA was attached. By a notice of motion, dated 16th, but filed on the 27th day of December, 1999, the appellants' prayed the lower court for an order, setting aside the writ of execution, the noti…

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