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MALLAM SALIU GAMBARI v. YUSUF SALMAN FOLORUNSHO

(2018) LPELR-44238(CA)

In The Court of Appeal of Nigeria

On Monday, the 23rd day of April, 2018

CA/IL/40/2017


Before Their Lordships

CHIDI NWAOMA UWA Justice of The Court of Appeal of Nigeria

HAMMA AKAWU BARKA Justice of The Court of Appeal of Nigeria

BOLOUKUROMO MOSES UGO Justice of The Court of Appeal of Nigeria


Between

MALLAM SALIU GAMBARI - Appellant(s)

AND

YUSUF SALMAN FOLORUNSHO - Respondent(s)


Other Citations

; ;


Summary

INTRODUCTION:
This appeal borders on Execution of Judgment.

FACTS:
This appeal is against the decision of S. M. Akanbi J. of the High Court of Kwara State, Ilorin.

Upon judgment obtained by the respondent against the appellant at the trial Court, appellant levied execution of same against the movable property of the appellant, but because the proceeds of that execution still left the judgment debt unsatisfied, respondent filed a motion on notice for attachment of the property known as Dan Imam House situate opposite Builders Block Industry, Oke Kudu Area, off Airport Road, Ilorin, Kwara State, which, he asserted, belonged to appellant. The motion was opposed by the appellant with a counter affidavit where he denied the ownership of the said building and rather credited it to his wife. The application was struck out. Respondent refiled the same application. Appellant opposed the application with a counter affidavit deposed to by one Aminat Mohammed, a Litigation Secretary of his counsel. He joined issues with the respondent on the ownership of the immovable property, again ascribing ownership to appellant's wife. Respondent did not respond to the counter affidavit. Appellant contended that respondent's failure to respond to the counter affidavit amounts to an admission.

The trial Court found in favour of the respondent. Dissatisfied, appellant appealed to the Court of Appeal.

ISSUES:
The issue for determination in the appeal is:
"Whether the order in this case attaching Dan Imam House in execution of the judgment debt of the appellant was rightly made by the lower Court in the light of the affidavit evidence before it."
DECISION/HELD:
In conclusion, the appeal was dismissed for lacking in merit.


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