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Court orders sale of ex-Air Chief 's Ogun residential property

Published by Guardian on Fri, 13 Jul 2012


AN Ogun State High Court has ordered the sale of Air Vice Marshal Emmanuel Obe Afolabi's (rtd) property located at No 7 Water Street, Fairfield estate, Iju-Ishaga, Ogun State, for his failure to cough out a sum of N6, 324,520, being a judgment debt.Justice Mobolaji Ojo of the Ogun State High Court, Ota Judicial Division, made the order recently in a suit involving Mrs. Foluke Mudasiru and the retired air chief.The Judge had on October 15, 2002 ordered Afolabi to pay a sum of N6, 324,520.00 as damages to Mrs. Foluke Mudasiru.Dissatisfied with the judgment, Afolabi had appealed to both the Court of Appeal and the Supreme Court, where he lost the battle to quash the trial court's decision.As indicated by the records of courts, the two appeals by Afolabi had been dismissed.As soon as the Supreme Court was done away with the matter, the judgment'creditor, Mrs. Mudasiru, approached the trial court to dispose the air chief's property to satisfy the judgment sum.By an application on dated February 23, 2012, praying the court for leave to attach the immovable assets of the defendant;Justice Ojo held that the old Mercedes Benz car which was earlier attached during the execution carried out on February 2, 2012 was insufficient to satisfy the judgment sum.'I hereby order that the defendant / judgment debtor real property at No 7 Water Street, Fairfield estate, Iju-Ishaga, Ogun State be attached for sale, in satisfaction of the judgment debt'', the court held.The court dismissed Afolabi's Motion dated March 12, 2012 praying the court to set aside the writ of attachment of his property for lacking in merit.The claimant had in an affidavit deposed to by one Victor Edem stated that the judgment debt of N6, 324,520.00 and other costs have remained unsatisfied till date.Edem averred that the application became necessary because the Deputy Sheriff could only attach one old and disused Mercedes Benz car in the premises, which could not satisfy the judgment debt.The Supreme Court had in its judgment ordered Afolabi to pay the judgment sum to Mrs. Mudasiru.The apex court in its lead ruling delivered by Justice Francis Fedode Tabai held that since Air Vice Marshal Afolabi had filed a notice of withdrawal of his appeal the appropriate order was to dismiss the appeal.Justice Mary Ukaego Peter-Odili, Justice Christopher Mitchell Chukwuma-Eneh, Justice Bode Rhodes-Vivour and Justice Nwali Sylvester Ngwuta unanimously adopted the decision respectively.Air Force Chief (Afolabi) had through his counsel - Lanre sought leave of court to withdraw his appeal against the judgment of the Court of Appeal delivered by Justice Clara Bata Ogunbiyi.The facts of the matter are that, Mrs. Mudasiru had in her statement of claim dated December 22, 1997 filed by her counsel, Mr. Nnemeka Amechina stated that she was invited by one Major (Mrs.) Titilola Ogun (Rtd) to intercede in the matter of one Major Bamidele Unuigbe's generating plant which was allegedly constituting a nuisance to the said Major (Mrs.) Titilola Ogun.She averred that in spite of several entreaties to the said Major Unuigbe to relocate his generating set, he decided to construct another fence behind the already existing wall separating his premises from that of the Oguns.Besides, she alleged that she had stopped by at the said Major Ogun's premises, on October 13, 1997, on her way to her farm and met bricklayers erecting the said fence.She added that she was prompted to mount a fence to speak with the bricklayers and that while she was at this, the appellant emerged from underneath a tree ordering her to leave the vicinity, assaulted her by pointing a gun at her forehead and shooting at her at a very close range.She alleged further that the shot missed her by an act of God and as a result, she consequently suffered a great shock, fear and psychological trauma, which caused her to incur heavy medical bills.
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