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the Appellant filed neither a cross Appeal nor a Respondents Notice in the said Appeal No. SS/CA/K/22/2008 which was withdrawn and struck out by the Court of Appeal, Kaduna Division.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

OSENI V. UNION BANK & ANOR

OSENI
V.
UNION BANK & ANOR