High Court
Frustrated by its inability of the enforcement unit of the Federal Capital High Court (FCT) to auction two immovable property belonging to a building and civil engineering company in Abuja, a Lagos-based firm, Messrs Anny Trade Link has sought the intervention of the chief judge, Federal Capital Territory.
Justice Peter Kekemeke of the FCT had in a ruling dated November 28, 2013 ordered the auction of two semi detached bungalow situated at 21/ 23 A. Y. Ahmed Street, Trade Moore Estate, off Airport Road, Abuja and Plot 673 COO Institutional District, Airport Road Abuja to Moreno Group of Companies Limited for its inability to pay the sum of N22,176,000 being the total contract sum for the supply of 9,600 bags of cement to the defendant’s site in Lagos State.
The judge has while delivering judgment in Suit No: FCT /HC/CV/2524/13 on May 13, 2013 ordered Moreno Group of Companies Limited to pay Anny Trade Link the sum of N22,176,000.00 and 10 percent interest on the judgment sum from the date of judgment until it’s final liquidation.
He further granted the judgment creditor leave to levy execution on the immovable property of the judgment debtor ( Moreno Group of Companies) after the company failed to pay and upon dismissal of its motion for stay for the execution of the judgment and attachment of the property
However, several years after waiting to reap the fruits of their legal victory, the judgment creditor has through its Counsel, P.I. Oyewole in a letter to the Chief Registrar dated May 2016, lamented that enforcement unit of the court is subjecting the order of Justice Kekemeke to administrative review.
According to him, a superior court of record gave judgment and order in the open court, while the enforcement unit is frustrating the judgment as well as the order in its own registry.
The counsel in the letter noted that the judgment creditor has complied with all the requirement laid down by the High Court (Civil Procedure ) Rule, sheriff and Civil Processes Act as well as the Judgment Enforcement Rules in the realization of its rights and yet has been unable n to enjoy the fruit of its judgment because of alleges whims and caprices of the enforcement unit.
He added that the provisions of the Sheriff and civil Processes Act as well as the judgment enforcement rules are replete with protections for both the Deputy Sheriff, the purchaser of an auctioned property including the victim of any auction sale, and so the enforcement unit has no reason for constitution itself into an overzealous officer.
He therefore urged the Chief Judge and the chief registrar to intervene by ordering an immediate compliance with the order of Justice Kekemeke on the disposal of the attached property.
