Instant SSL
Writ of Attachment

Writ of Attachment (2)

By virtue of the joint provisions of Sections 47 and 48 of the Sheriffand Civil Process Law, Cap 123, Laws of the Northern Nigeria, the only statutory provision upon which one can challenge or set aside a sale under an order of Writ of Attachment is by virtue of Section 47 of the Law. Bank of the North Ltd. v. Nigerian Bank for Commerce and Industry Ltd. And 3 Ors. (1990) 5 NWLR (Pt. 150) 263, G C. Akunonu v. Bekaert Oversees and 2 Ors. (1995) 5 NWLR (Pt. 393) p. 42 at 66.

[Po 146] Paras. A-C

An order of judgment obtained to attach and sell immovable property is a judgment in rem and since it is an insolvency pronouncement, it takes away absolutely from the judgment debtor, her legal character over the property which has been attached and sold. Adesina Oke v. ShittuAtoloye and Ors. (1986) 1 NWLR (Pt. 15) 241.

Cole v. Jibunoh & Ors. [2016] 1 M. J. S. C (Pt. I) [Po 142] Paras. G-B

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