CORAM

OYEBISI FOLAYEMI OMOLEYE (PJ), JUSTICE COURT OF APPEAL

PARTIES

JOSEPH ADEBAYO G. C. AKPUNONU (doing business under the name and style of G.C. Akpunonu Trading Company) APPELLANTS

RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

This is an appeal against the decision of the Court of Appeal delivered on 28th February 1995, dismissing the Appellant’s appeal against the Ruling of Aba High Court dated 7/7/92 refusing Appellant’s application for an order to set aside the sale of Appellant’s immovable properties pursuant to a Writ of Execution. ?

HELD

That the properties were not undervalued because there was no such evidence anywhere before the trial court

ISSUES

Whether or not the sale of Appellant’s immovable properties on 9/1/92 was in accordance with the law

RATIONES DECIDENDI

SALE OF PROPERTY-FACTORS TO BE CONSIDERED IN SETTING IT ASIDE

For a sale to be set aside the Appellant must not only prove that there was material irregularity in the conduct of the sale but also that he sustained substantial injury by reason of such irregularity -Per Idris Legbo Kutigi, JSC

CASES CITED

1. Alhaji Nakyauta v Alhaji Maikima (1977) 6 SC. 512. Ikoku v Oli (1962) 1 All NLR 1943. Government of Ashanti v Korkor 4 WACA 83?

STATUTES REFERRED TO

None.

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