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(2018) LPELR-44526(CA)

In The Court of Appeal of Nigeria

On Friday, the 25th day of May, 2018


Before Their Lordships

HUSSEIN MUKHTAR Justice of The Court of Appeal of Nigeria

MUHAMMED LAWAL SHUAIBU Justice of The Court of Appeal of Nigeria

FREDERICK OZIAKPONO OHO Justice of The Court of Appeal of Nigeria


ABUBAKAR UMAR - Appellant(s)


BELLO MANAGER - Respondent(s)

Other Citations

; ;


This appeal borders on Execution of Judgment.
This appeal is against the Ruling of the High Court of Justice, Birnin Kebbi, Kebbi State.

Sometimes in January, 2014, the respondent filed a direct criminal complaint against the appellant before Senior District Court V, Birnin Kebbi for criminal breach of trust and cheating, contrary to Sections 321 and 322 of the Penal Code, respectively. Prior to the commencement of trial, parties opted for a settlement out of Court wherein a term of settlement was executed and thereafter entered as a consent judgment. After the consent judgment, the respondent applied to the trial High Court for the execution of the consent judgment, pursuant to which a writ of attachment and sale of the appellant's houses was issued in spite of the appellant's vigorous opposition. The subsequent attempt by the appellant to file a separate suit to set aside the previous ruling of the Senior District Court V, Birnin Kebbi was to no avail as the High Court already delivered its ruling giving effect to the said attachment.

Aggrieved, appellant appealed to the Court of Appeal.

The issues for determination are:
1. Whether the Respondent through motion No. KB/HC/M68/2016 satisfy the mandatory provision of Sections 43 and 44 of the Sheriffs and Civil Process Act Cap. S 6 Laws of the Federation of Nigeria 2004.
2. Whether the lower Court can execute a judgment or Ruling which is not before the Court.

On the whole, the appeal was dismissed.

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