ABDU ROMO VS GWANDU NATIVE AUTHORITY
September 1, 2025LEWIS AND ANOR VS ABIGAIL MAJEKODUNMI
September 1, 2025Legalpedia Citation: (1966-06) Legalpedia 88667 (SC)
In the Supreme Court of Nigeria
Holden at Abuja
Wed Jun 29, 1966
Suit Number: SC 612/1964
CORAM
ADEMOLA CHIEF JUSTICE, NIGERIA
BAIRAMIAN JUSTICE, SUPREME COURT
LEWIS JUSTICE, SUPREME COURT
PARTIES
FOLAJIN PABIEKUN AND ORS
APPELLANTS
GBADAMOSI AJAYI
RESPONDENTS
AREA(S) OF LAW
RECOVERY OF JUDGMENT DEBT
SUMMARY OF FACTS
The respondent obtained judgment against Alphonso Pabiekun, who defended the suit as representing the Pabiekun family, and took out writs of execution to recover the judgment debt. After the attachment of certain immovable property, the appellants laid claim to the farms at Kanga, Ologan and Araromi in Ife District and also to the house at Yakare compound, Ife, alleging in their Statement of Interest that they are the exclusive owners of the farms, and that the house is the joint property of all the children of the late Pabiekun, and alleging further that they were not parties to the suit and did not authorize Alphonso Pabiekun to represent them in defending that suit.
HELD
The appeal was dismissed with thirty-three guineas costs to the respondent/judgment creditor.
ISSUES
That the appellants had not authorized Alphonso Pabiekun to defend on their behalf and were not bound by the judgment in suit 1/135/57, so the farms they occupied could not be attached.
RATIONES DECIDENDI
INTERPLEADER CLAIM TO EXCLUSIVE OWNERSHIP.
INTERPLEADER CLAIM TO EXCLUSIVE OWNERSHIP.
CASES CITED
Not Available
STATUTES REFERRED TO
Not Available
