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the Appellant filed neither a cross Appeal nor a Respondents Notice in the said Appeal No. SS/CA/K/22/2008 which was withdrawn and struck out by the Court of Appeal, Kaduna Division.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…