MANNESMAN v. A. I. C- 2001 1 NWLR (Pt. 695) 457.


The Court held that for all intents and purpose, a judgment creditor who seeks to rely on the provisions of Order IV Rule 9(1)(a) of the Judgment Enforcement Rules in applying for leave to issue a process shall put the intended subrogating party on notice. Any person or organization who is not adjudged as a judgment debtor by any judgment of the Court but suddenly finds himself being held responsible for a debt he knew nothing about must be given the ample opportunity of being made aware of the execution process sought to be initiated against him as a substitute to a judgment debtor and this can only be done if he is put on notice via the application for leave filed by the judgment creditor.