BALLA UMARU & ANOR VS ABDUL MUTALLABI & ORS
June 27, 2025VICTOR OSITA OKONKWO VS GEORGE N.C. OKONKWO & ORS
June 27, 2025Legalpedia Citation: (1998) Legalpedia (SC) 11211
In the Supreme Court of Nigeria
Fri Jul 17, 1998
Suit Number: SC 41/1992
CORAM
IBRAHIM TANKO MUHAMMAD, JUSTICE, COURT OF APPEAL
MUHAMMADU LAWAL UWAIS
KUMAI BAYANG AKAAHS JUSTICE, SUPREME COURT
SYLVESTER U. ONU,JUSTICE, SUPREME COURT
ANTHONY I. IGUH,JUSTICE, SUPREME COURT
PARTIES
LEEDO PRESIDENTIAL MOTEL LTD. APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellant was a customer of the 1st respondent bank and was owed the bank some amount. The bank sued the appellant in the High Court of Kano State claiming the amount owed it by the appellant.
HELD
The Court held that the order made by the Kano State High Court on 6/6/88 granting leave to the 1st respondent to attach and sell the appellant’s immovable property was null and void. It also declared the attachment and sale of the appellant’s property null and void. The purported order for possession made on 4/2/91 in favour of the 2nd respondent was equally declared a nullity.
ISSUES
1. Whether there was proof before the court that movable properties of the appellant had been attached before proceedings against its immovable property.2. Whether or not there were material irregularities in the conduct of the sale of the immovable property of the appellant which should have vitiated the sale but which were not considered by the Court of Appeal.
RATIONES DECIDENDI
LEAVE TO ATTACH IMMOVABLE PROPERTY
“leave to attach immovable property is not granted as a matter of course.” Ogundare, JSC. quoted with approval Idigbe CJ (As he then was ) in Osunkiro v. Ugbogbo (1966) NMLR 184
PROCEDURE FOR THE ATTACHMENT OF IMMOVABLE PROPERTY
“I think in a situation where immovable property of a judgment debtor is to be attached, the judgment debtor is entitled to be put on notice. In other words, the motion shall be one on notice to the judgment debtor as against ex parte motion..” Ogundare, JSC
CASES CITED
1. Mutual Aid Society Ltd. v. Ogonade (1975) NMLR 1182. Osunkwo v. Ugbogbo (1966) NMLR 1843. Koya v. Koloya Zawan (1958) NRNLR 14. Bayero v. Federal Mortgage Bank Nig. Ltd. & Anor. (1998) 2 NWLR (Pt.538) 509.
STATUTES REFERRED TO
NONE
