(2008) JELR 49410 (CA)    

Court of Appeal  ·  CA/C/163/96 ·  2 Jul 2008 ·  Nigeria
KUMAI BAYANG AKAAHS Justice of The Court of Appeal of Nigeria JEAN OMOKRI Justice of The Court of Appeal of Nigeria THERESA N. ORJI-ABADUA Justice of The Court of Appeal of Nigeria
Core Terms Beta
1st respondent
grounds of appeal
2nd respondent
learned trial judge
nemas associates
federal high court
suit no. hu
issue no.2
trial court
concurrent jurisdiction
ex parte
marketing company ltd.
suit no. fhc
utuks construction
valuation report
failure of the appellant
g. c. ezekwe
issue no.1
order of the court
1st appellant
affidavit of the appellant
affidavits of the appellant
application ex parte
considered view
correct position of the law
court of co-ordinate jurisdiction
decision of g. g. ezekwe
face of the cover page of the valuation report
favour of the 2nd respondent
final determination
gist of this case
important evidence
judgment of abdu-kafarati
kafarati j.
leading judgment
leave of the federal high court
necessary condition precedent
orders of the court
present appellant
properties of the company
respondent company
set aside ex debito justicie
state level
such rules
view of the fact

JEAN OMOKRI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of G. G. Ezekwe, J., of the Federal High Court, sitting at Uyo in Suit No. FHC/CA/M 1/93 delivered on 7/5/96.

The gist of this case on appeal is that sometimes ago, the Utuks Construction and Marketing Company Ltd. ran into lean times. To keep a float it sold off three 30 tonnes Fiat Tipper bucket to the 2nd respondent, Traman Nigeria Ltd. Instead of giving the tipper buckets to the 2nd Respondent company sold the to other person. The 2nd respondent consequent sued for the return of the items in suit NO. HU/112/92. Judgment was entered in favour of the 2nd respondent. The Court in its judgment ordered the 1st respondent to return the three No. 30 tonnes fiat tipper buckets to the 2nd respondent. Unable to comply with the orders of the court, the 2nd respondent brought an application for the payment of the money equivalent of the items. The application was granted by the court and it was order…

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