OSENI
V.
UNION BANK & ANOR

(2018) JELR 38996 (CA)    

Court of Appeal  ·  CA/S/6/2017 ·  24 May 2018 ·  Nigeria
CORAM
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
court
plaintiff
counsel
appeal
alternative claim
2nd respondent
trial court
judgment of the court
learned trial court
lone issue
favour of the appellant
learned trial judge
nature of the claim
submission of counsel
auction sale
consequential order no.
court of appeal
decision of the high court of sokoto state
market value
part of the 1st respondent
respondents
1st day of december
1st respondents brief of argument
2nd respondents brief of argument
actual fact
appeal no. ss
appellants brief of argument
appellants counsel
appellate courts
behalf of the 1st respondent
behalf of the 1st respondent of the property
behalf of the parties
cases of newbreed organisation ltd
determination of the whole case
ejection of the appellant
final analysis
final conclusion
grant of an alternative claim
inconsistent sets of material facts
kaduna division of the court of appeal
leading judgment
main claim
notice of appeal
order of this court
property of the appellant
registrar of the court
respondents notice
said appeal no. ss
said auction sale
submissions of counsel

FREDERICK OZIAKPONO OHO, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of the High Court of Sokoto State presided over by D. B. SAMBO, J., and delivered on the 4th day of August, 2008 wherein judgment was given in favour of the Appellant who was Plaintiff at the Court below. Dissatisfied with the judgment of the Court below, the Respondents on the 4th day of August, 2008 filed a Notice of Appeal to the Kaduna Division of the Court of Appeal in Appeal No. SS/CA/K/22/2008. The Respondents eventually withdrew that Appeal and same was struck out. However, before the withdrawal of this Appeal the Appellant filed neither a cross Appeal nor a Respondents Notice in the said Appeal No. SS/CA/K/22/2008 which was withdrawn and struck out by the Court of Appeal, Kaduna Division.

Prequel to the institution of this Appeal and in what appears to be a twist in the events, the 2nd Respondent made moves to execute the judgment of the Court below against the Appellant i…

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