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OWOO & ORS
V.
EDET

(2021) JELR 113190 (CA)

Court of Appeal 5 May 2021 Nigeria
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Case Details

Suit Number:CA/C/171/2018
Judges:MOJEED ADEKUNLE OWOADE, JCA JAMES SHEHU ABIRIYI, JCA MUHAMMED LAWAL SHUAIBU, JCA
Counsel:Mba Ukweni, SAN (with A. J. Arong) for the Appellants. C. Utu Baku for the Respondent.
Location:Calabar

MUHAMMED LAWAL SHUAIBU, JCA (Delivering the Leading Judgement): This is an appeal against the ruling of the High Court of Cross River State Coram M. O. Eneji, J. delivered on 5th February, 2018 wherein the respondent was granted leave to attach and sell the appellants’ immovable property at No.71 Target Road, Calabar in execution of an earlier judgment in Suit No: HC/54/2007.

By a motion on notice filed on 1/2/2017, the respondent as judgment creditor/applicant prayed the lower court for the followings:-

  1. Leave to issue a writ for the attachment and sale of the immovable property of the judgment debtors/respondents situate at No.71 Target Road, Calabar in execution of the judgment of this court in Suit No. HC/54/2007 delivered on 25/5/2009 as affirmed in the judgment of the Court of Appeal delivered on 25/3/2011 in Appeal No. CA/C/39/2010.

  2. An order for the attachment and sale of the land and building of the judgment debtors/respondents situate at No.71 Target Road, Calabar in satisfaction…

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