GBADAMOSI vs. MOHAMMADU

In this case judgment was entered for the plaintiff-applicant to recover a house No.5A, Gambaga, from the defendant-respondent. The parties henceforth will be called the plaintiff and the defendant respectively. This court granted the plaintiff’s application for leave to go into execution. An application for a stay of execution put in by the defendant was refused first by this court and again by the Court of Appeal. In all these instances costs were awarded in favour of the plaintiff against the defendant but he has failed to pay anything out of the costs awarded. After the Court of Appeal decision the plaintiff applied for and was granted permission to go into execution. The necessary court processes were set in motion and on 6 February 1988 a court bailiff, who was entrusted by the deputy sheriff to carry out the execution as ordered by this court, went to Gambaga in the company of some police officers to carry out the execution. What ensued is what I am here to determine in this .....