ENFORCEMENT OF JUDGMENTS — Attachment and Sale Without Court Order — Sale Is Illegal, Unconstitutional, Null and Void
Ratio Decidendi
Per Tabai, JSC, in Saleh v. Monguno (2006) NLC-123-403-2001(SC) at pp. 13–14; Paras E–A:
"In the face of the facts and circumstances of this case, I have no alternative than to hold that the attachment, and sale of the Appellant's four properties specified in relief (B) to the 3rd – 8th Respondents was illegal, unconstitutional null and void and consequently, that the purported attachment and sale passed no title in any of the four properties to whoever of the 3rd-8th Respondents that bought any of them. He is accordingly entitled to the immediate restoration of the properties to him. The Court of Appeal was therefore clearly in error to regard the unauthorised illegal and unconstitutional attachment and sale of these properties as mere irregularity within the meaning at sections 47 and 48 of the Sheriffs and Civil Process Law Cap 123 Laws of Northern Nigeria 1963."
Explanation / Scope
Attachment and sale without court order is illegal, unconstitutional, and null and void. Such sale passes no title. The principle applies to enforcement of judgments.