Facts:

The appellants were judgment creditors in another suit against Alhaji Yankara, the judgment debtor over the latter’s immovable property situate at Yar Malamai road (cinema house) in Yankara town in Faskari local government area. The above stated property was meant for the satisfaction of the judgment in favour of the appellants. Prior to the date fixed for the auction sale of the said property, the respondent filed an originating summons on an interpleader’s proceedings at the Katsina State High court with a 14 paragraph affidavit to which it annexed an acknowledgment of the payment of the purchase price in respect of the said property wherein the judgment debtor transferred by sale the said property attached.

The appellants also filed a 6 paragraph counter affidavit wherein it averred that the judgment debtor still remained the rightful owner of the property attached. At the trial, the counsel to the parties advanced argument on whether or not the judgment debtor still remained the owner of the said property. The lower court in its ruling in favour of the respondent said as follows: