PARTICULARS:
1. The general rule is that the interpleader’s proof of ownership of a property being
attached is on the interpleader.
2. However, where the property being attached is not in the possession of the judgment
debtor the burden shifts to the judgment creditor to prove that the property belongs
to the judgment debtor.
3. The vehicle GAC 35 2019 model was not attached in the possession of the judgment
debtor, thus it is the judgment creditor’s duty to prove that it belongs to the
judgment debtor.
4. The Respondent did not prove the vehicle has ever been belonged or belongs to the
Judgment Debtor.
4. RELIEFS SOUGHT:
i.
An order setting aside the decision of the lower court delivered on the 29th day of
September 2022.
ii.
An order allowing the Appellant’s interpleader application.
iii.
An order directing the Respondent to pay the sum of N5,000,000.00 punitive
damages to the Appellant.
iv.
Any other order(s) of the Court may deem fit to make in the circumstance of this
appeal.
5. PERSONS DIRECTLY AFFECTED BY THIS APPEAL:
1. The Appellant,
C/O: His Counsel
S.G. Muhammad, Esq.
Red Sky Attorneys,
Kuka Medicals Building,
No. 45, Tafawa Balewa Road,
Nassarawa Local Government,
Kano State.
sgumel@nigerianbar.ng; 08033794149
2. The Judgment Creditor/Defendant/Respondent,
Mubarak Murtala Zainawa
Hadejia Road,
3