Bauchi State Investment And Property Development Company Limited & Anor V. Alhaji Aminu Yakubu Wanka & Anor (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

JOSEPH TINE TUR, J.C.A. (Delivering the Leading Judgment)

On 19th September, 2013 Alhaji Aminu Yakubu Wanka being the judgment creditor brought an application pursuant to Order 40 Rule 7 and Order 47 Rule 1 of the High Court of Bauchi State Rules read together with Order 11 Rule 10 of the Judgment Enforcement Rules Cap.407, Laws of the Federation of Nigeria, 2004 against (1) Attorney-General of Bauchi State (2) Bauchi State Investment and Property Development Company Limited and (3) Mallam Mustapha Mahe, described in the motion as the “Respondents/Judgment Debtors.”

The reliefs claimed were couched as follows:

“1. An order of revalidation of the judgment of this suit by this Honourable Court.

2. An order on the respondents/judgment debtors (particularly 1st and 2nd respondents) to comply with the orders of the judgment to pay ?all the salaries and allowances? of the applicant ? access N53,971,237.02 as at date.

And for such further order(s) as this Court may deem fit to make in the circumstance.”

Samuel Modi Dubagari swore to an affidavit in support of the

application as follows:

“1. That I am the Litigation Secretary in the Chambers of Irorakpor & Co. and that by virtue of my position aforesaid, I am conversant with the facts of this case.

2. That I have the authorities of my employer and the applicant to depose to this oath.
3. That I have been informed by the applicant and Counsel handling this matter, Irorakpor C. C., Esq. in our office, No.12 Ahmadu Bello, Bauchi, on 18th September, 2013, at 11:00am, information I verily believe them to be true thus:

(a) That the judgment in this suit was entered on 12th March, 2001 by Honourable Justice S.S. Darazo (OFR) of the then High Court 1. Annexed as Exhibit ?1? is the judgment order.

(b) That the judgment was revalidated on 1st March, 2004 directing the respondents to comply with the judgment declaring the order of his compulsory leave and subsequent dismissal a nullity and to pay the applicant all his salaries and allowances. Annexed as Exhibit “2” is the revalidation order.

(c) That despite the

order, pleas and personal contacts by the applicant and well wishers to the respondents the situation as at date is that the respondents have refused, failed and neglected to comply with orders of the Court.

(d) That numerous correspondences dated from 26th April, 2001 ? 4th May, 2005 were written demanding for payment of the applicant salaries and allowances all to no avail.

(e) That the High Court on 9th May, 2005 endorsed a writ of execution (Fifa) against the 2nd respondent ? the employers of the applicant. Annexed Exhibit ?3? is the writ of attachment.