UDEAGBARA
V.
MOHAMMED & ORS

(2018) JELR 39119 (CA)    

Court of Appeal  ·  CA/A/484/2016 ·  23 Apr 2018 ·  Nigeria
CORAM
ABUBAKAR DATTI YAHAYA Justice of The Court of Appeal of Nigeria TINUADE AKOMOLAFE-WILSON Justice of The Court of Appeal of Nigeria MOHAMMED MUSTAPHA Justice of The Court of Appeal of Nigeria
Core Terms Beta
appellant
property
dispute
2nd respondent
saraha homes ltd
1st respondent
evidence
trial court
documents
saraha homes ltd.
third party
3rd respondent
documents of title
policy of saraha homes ltd
root of title
exhibit c1
honourable trial court
honourable trial judge
idundun vs. okumagba
judgment-creditor
original owner
position of the appellant
suit no. fct
agreement of sale
block b66 saraha homes estate
case of mulima vs. usman
counsel adamson adeboro
execution of that judgment
execution of the court
exhibits a1
lack of commencement date
laid claim
lawful owner
leading judgment
nature of the transfer of the property
offer letter
position of the learned counsel
primary function
property belong
purchase price
reply brief
respondent judgment-debtor
said suit no.fct
saraha estate
strength of his own case
transfer of the property
zone c09
zone c09 lokogoma district abuja

ABUBAKAR DATTI YAHAYA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of Hon. Justice Folasade Ojo of the FCT High Court Abuja delivered on 24th March, 2016 in Suit No. FCT/HC/CV/3531/13.

The 1st respondent was the plaintiff and the 2nd respondent was the defendant in suit No.FCT/CV/57/10/2011. Judgment was entered for the 1st respondent in the said Suit No.FCT/CV/57/10/2011. In execution of that judgment, the 1st respondent here, as the judgment-creditor, applied to and got the 3rd respondent here, as the Deputy Sheriff, to attach a three bedroom detached bungalow, Block 66 Saraha Estate, Plot 45, Zone C09 Lokogoma District Abuja (hereafter referred to as the property in dispute), said to belong to the 2nd respondent here, as the judgment-debtor.

The appellant here, laid claim to the property in dispute. The basis of his claim is that the property in dispute, originally belonged to the 2nd respondent judgment-debtor having purchased same from Saraha Ho…

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