Judgment
MOJEED ADEKUNLE OWOADE, J.C.A. (Delivering the Leading Judgment) : This is an appeal against the decision, ruling of the Katsina State High Court sitting at Funtua delivered by Hon. Justice Lawal Garba Abdulkadir on 13th August, 2020 in Suit No. KTN/FT/38/2018. The Appellant as claimant in the Court below brought originating summons in respect of a judgment and ruling delivered on 29th day of July, 2015 and 3rd January, 2017 respectively by the Upper Sharia Court No.2 Funtua.
The Appellant’s originating summons was brought for the determination of the questions hereunder and consequential orders hereinafter: 1. “WHETHER the judgment debtor still retains ownership of the property situated and lying at Sokoto By-pass Dahiru Bauchi Road, Unguwar Wanzamai; Funtua. Attached and sold by the judgment creditor on 29th November, 2018 in fulfilment of the judgment of the Court. Against the judgment debtor. 2.
If the answer to the above question is in the AFFIRMATIVE, a declaration that the judgment creditor cannot sell the property in question of the fulfillment of the judgment of the Court. Between the judgment creditor and the judgment debtor. 3. An order declaring the auction sale on 29th November, 2018 of the property in question as null and void and no effect whatsoever. 4. A consequential order directing the sheriff and/or his legal representatives and/or his staff to release forthwith any hold on the property in question. 5.
And for such further orders as the Court may deem fit to make in the circumstance.” Thereafter on 4/2/2019, Mr. Lawal Ahmadu Funtua of counsel to the 1st Respondent judgment creditor filed a notice of preliminary objection wherein he contends that the trial High Court lacks the requisite jurisdiction to hear and determine the suit. The grounds of the 1st Respondent’s preliminary objection are as stated on page 14 of the Record of Appeal as follows: 1.
“The Honourable Court lacks jurisdiction to hear and determine this suit in its original jurisdiction as provided under Section 272(2) of the Constitution of the Federal Republic of Nigeria 1999 as amended (2011). 2. The Honourable Court lacks jurisdiction to hear and determine this suit by way of Originating Summons because the entire suit constitute the question of fact alone. 3. The Honourable Court lacks jurisdiction to hear this suit as there is no locus standi to institute this action against the Judgment Creditor. 4.
