PARTICULARS:
1. In proof of his ownership of the vehicle GAC 35 2019 model which was attached in
order to satisfy the Respondent’s judgment sum against one Mr Ugo Chuku
Oyedika the Appellant has presented at the trial a sale offer sent to him by Vistegio
Technology Solutions (“the Company”) dated 20th May 2021, the payment receipt
issued to him by the Company dated 21st May 2021 and the bank account statement
showing how the Appellant paid the purchase price to the Company as Exhibits
“Mundubawa 1A”, “Mundubawa 1C” and “MB2” respectively
2. Attached to exhibit “Mundubawa 1A” is “Munudbawa 1B” – a form of acceptance
of the offer sent to the Appellant by the Company.
3. The learned trial Magistrate faulted the Appellant for not accepting the offer strictly
by signing the Exhibit “Mundubawa 1B” and disregarded the conduct of the parties.
4. An offer can be accepted by conduct of the parties not necessarily by a written
document.
GROUND 3:
The learned trial Chief Magistrate erred in law when he allowed the respondent to attach
the vehicle GAC 35 2019 model which does not belong to the Judgment Debtor in order to
satisfy his judgment.
PARTICULARS:
1. At the trial, the Appellant has deposed to that the vehicle GAC 35 2019 model has
never been a property of the judgment debtor and presented documentary evidence
in proof thereof.
2. The Appellant has further deposed to that the premises at where the vehicle was
attached is not an exclusive residence or place of work of the judgment debtor and
that the respondent did not counter the depositions.
3. The respondent can only be permitted to attach property of the judgment debtor in
order to satisfy his judgment sum.
GROUND 4:
The Chief Magistrate erred in law when he placed the burden of proof of ownership of the
vehicle GAC 35 2019 model on the Appellant.
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