SUNDAY E. UMOREN VS ASUQUO E. AKPAN & ORS.
May 30, 2025MR. MUFUTAU AKINPELU V EBUNOLA ADEGBORE
May 30, 2025Legalpedia Citation: (2008-04) Legalpedia (SC) 81116
In the Supreme Court of Nigeria
Fri Apr 25, 2008
Suit Number: SC.349/2002
CORAM
IKECHI FRANCIS OGBUAGU, JUSTICE, SUPREME COURT
IKECHI FRANCIS OGBUAGU, JUSTICE, SUPREME COURT
IKECHI FRANCIS OGBUAGU, JUSTICE, SUPREME COURT
PARTIES
1 CHIEF M. O. OLATUNJI APPLICANT(S) / PLANTIFFS
OWENA BANK PLC & ANOR
DEFENDANT(S) /RESPONDENT(S)
AREA(S) OF LAW
SUMMARY OF FACTS
The Appellant sued the Respondents for the return of the equipments removed from his factory and for damages. Damages was granted and the Appellant immediately on the same day applied for a writ of execution of the judgment. The Respondents thereafter filled a motion to set aside the execution which was granted. An unsuccessful appeal to the Appeal Court led this present appeal.
HELD
Appeal allowed. The Supreme Court held that the application for and the issuance of writ of execution of judgment for sum of money payable under a judgment immediately after delivery of the judgment is valid under the Sheriffs and Civil Processes Act.
ISSUES
1. Whether the application for and the issuance of a Writ of Execution of Judgment for sum of money payable under a judgment immediately after delivery of judgment is invalid under the Sheriffs and Civil Process Act or the Rules made there under?
RATIONES DECIDENDI
CASES CITED
1. Bank of West Africa Ltd v. National Investment and Properties Co. Ltd.2. Olayinka v. Elusanmi [I971] 1 NMLR 277.3. Dada v. The University of Lagos and others [1971] 1 UNIIFE CR 344.4. Bank of West Africa Ltd v. NIPC Ltd [1962] LLR 31;5. Olayinka v. Elusanmi [1971] 1 NMLR 277.6. Total v. E.M.C.C. [1972] 8-9 SC 64.7. Far East Merchantile v. Phillips [1974] 11 SC 225.
STATUTES REFERRED TO
1. Judgment [Enforcement] Rules
2. Sheriffs and Civil Process Act.
