HAMMA AKAWU BARKA, JCA (Delivering the Leading Judgment): According to the appellant, on the 13th of January, 2016, while doing her normal business at No. 140 Ndidem Usang Iso Road, Calabar under the name and style of Henny Plan Enterprises, was notified by one Ms. Usen of an ongoing execution taking place at the time on her property situated at Diamond Estate, Ekorinim phase II, Calabar, and that the premises was condoned off by officers and men of the Nigerian Police and the Bailiffs of the court who were there on execution duties.
That when she moved to the premises of the court to protest the attachment of her property, she was eventually served with a writ of attachment where upon she called one David Obande, a legal practitioner who on arriving to the court premises applied for the processes of court.
On going through the documents obtained, she was shocked to see affidavits purporting to be proof that she was served with some of the processes of court before judgment, and while o…