CORAM

IDRIS LEGBO KUTIGI JUSTICE, SUPREME COURT

IGNATIUS CHUKWUDI PATS-ACHOLONU JUSTICE, SUPREME COURT

PARTIES

ALHAJI BABA M. SALEH APPELLANTS

RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

The 1st Respondent, as Plaintiff filed a suit against the Appellant as Defendant at the Borno State High Court. The action was under the undefended list procedure and he obtained judgment. The Appellant filed an appeal but did not seek and obtain an order for stay of execution. The 1st Respondent made some efforts to recover the judgment debt and recovered part of the debt.

HELD

The Court held that the sale of the Appellants houses by leave of court was effective and could only be set aside within 21days but that the properties sold without leave was null and void.

ISSUES

Whether the 3rd – 8th Respondents (third parties) acquired absolute and indefeasible title in the properties and whether in the course of the proceedings at the trial court, the Appellant’s fundamental right were violated.

RATIONES DECIDENDI

WHEN AUCTION SALE BECOMES ABSOLUTE

“I am in total agreement with the reasoning and conclusion of the courts below therefore that by reason of the provisions thereof, the auction sale not having been challenged within 21 days from the date of sale, was deemed to become absolute and effectively transferred title in the three properties to whoever of the 3rd – 8th Respondents that bought them.” Per F.F. Tabai, JSC

CASES CITED

1. Leedo Presidential Motel Ltd V. Bank of The North Ltd & Anor (1998) 10 NWLR (Part 570) 353 at 381-1832. Oloba v Akereja (1998) 2 NSCC 120 at 136

STATUTES REFERRED TO

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