The material facts of the case may be briefly summarized as follows: By writ of summons in suit No. E/253/84 the plaintiff now the appellant obtained judgment against the Defendant now the respondent IN the sum of N277, 030.00 plus N200.00 as costs. Having exhausted earlier fruitless efforts to recover the judgment sum the appellant brought the present application against the immovable property of the judgment debtor situate at 37, Amokwe Street, Uwani Enugu, The application at the High Court was supported by a –9- paragraph affidavit and further 11- paragraph affidavit and annexed to it was a certified true copy of a power to Attorney Exhibit C from one Moses Anisiobi IN favour of one Ike Ogakwu Ugochukwu, the Managing Director of the judgment/Debtor Company, The resp9ondent on the other hand, filed a 9 paragraph affidavit denying owning 37, Amokwe Street, Uwani Enugu and averred that they were only merely tenant to the said Anisiobi – Ike Ogakwu Ugochukwu. Further the said Ike Ogakwu Ugochukwu deposed to a 16 paragraph affidavit strengthening the earleir facts that the said property was owned by Moses Okafor Anisiobi as registered in the Ministry of Lands, Enugu as No. 23 at p 23 in volume 1068, under Statutory Certificate of Occupancy dated 1st January, 1979. Further it was averred in the said affidavit that the respondents were only a tenant in the property and that the receipt of payments of their rents were issued to them as well as to other tenants by the donee of the Power of Attorney who at no time assigned the said property to the respondent. That the donee personally used the certificate of occupancy and the Power of Attorney as collateral’s to secure a loan in the sum of N300, 000.00 in the First Bank of Nigeria Ltd. in favour of the Respondent; that the subject matter of the suit stems from supplies made by the appellants to a third party in which the respondent was an intermediary.

The learned trial Chief Judge after listening to both sides rejected the application holding that the property – 37 Amokwe Street, had not passed to the Respondent and was therefore not liable for execution.

Aggrieved by the said judgment the appellant appealed to this court