CORAM
ADEMOLA, JUSTICE SUPREME COURT
UNSWORTH, JUSTICE SUPREME COURT
TAYLOR, JUSTICE SUPREME COURT
PARTIES
APPELLANTS
DEPUTY SHERIFF, KANO
RESPONDENTS
AREA(S) OF LAW
PRACTICE AND PROCEDURE—PROPER PARTY—APPEAL
SUMMARY OF FACTS
The plaintiff/respondent sued the defendant/appellant that he was entitled to recover the bond sum on the bond taken with the defendant and not as a security only. The High Court gave judgment in his favour. Being dissatisfied the defendant/appellant has appealed to this Court.
HELD
Appeal allowed
ISSUES
Not Available
RATIONES DECIDENDI
THE PURPORT OF SECTION 32 OF THE SHERIFFS AND CIVIL PROCESS ACT (CHAPTER 205 OF THE 1948 EDITION)
‘It seems to me that the section is designed to protect the Sheriff against any loss or diminution in the value of the property, pending the result of the interpleader proceedings. Any other construction would mean that the assets of the judgment debtor would be gratuitously enhanced at the expense of the sureties. Per UNSWORTH F. J.
CASES CITED
Not Available
STATUTES REFERRED TO
Petitions of Right Act (chapter 167 of the 1948 edition)
Sheriffs and Civil Process Act (chapter 205 of the 1948 edition)