ABURIME
V.
UBA & ORS

(2018) JELR 38856 (CA)

Court of Appeal · CA/B/80/2013 · 14 Jun 2018 · Nigeria

CORAM

PHILOMENA MBUA EKPE Justice of The Court of Appeal of Nigeria MOORE ASEIMO ABRAHAM ADUMEIN Justice of The Court of Appeal of Nigeria MUDASHIRU NASIRU ONIYANGI Justice of The Court of Appeal of Nigeria

Core Terms ^Beta

judgment creditor

learned trial judge

judgment

benin city

africa plc

trial court

judgment debtor

record of appeal

7th day of february

bank account no.

edo state government

garnishee proceeding

high court of justice

united bank

3rd parties

account no.

following terms

garnishee united bank

grant

high court

conditional stay of execution

grant of stay of execution

judgment debt of n23,131,533

judgment sum

order of stay of execution

said judgment debt

suit no. b

sum of n23,131,533.00

appellant vide

case of nwadiogbu v. a.i.r.b.d.a.

case of uba plc v

due consideration of the said motion

exercise of courts discretion

ex-parte motion

failure of the garnishee respondent

favour of plaintiff

following reliefs

foregoing ruling

garnishee applicants

garnishee order nisi

grant of a stay of execution

improper exercise of the lower courts discretion

initial appellants brief of argument

judgment of the trial court

leading judgment

order nisi

pay cost of n5,000.00

pay money

ruling of the high court of edo state

stay of execution of a money judgment

MUDASHIRU NASIRU ONIYANGI, J.C.A. (Delivering the Leading Judgment): This appeal is against the ruling of the High Court of Edo State sitting in Benin City delivered on 7th day of February, 2013 in Suit No. B/333/2011 between Michael Aburime (Trading as Tempair Nigeria Enterprises) as Judgment/Creditor/Respondent and (1) Edo State Government (2) Attorney General, Edo State (3) Chief Registrar, High Court as Judgment/Debtor/Garnishee Applicants in an application by the United Bank for Africa Plc, the garnishee before the trial Court. Consequent upon the judgment of the trial Court in favour of plaintiff. The plaintiff in the substantive suit which was registered under the undefended list procedure sought for the following reliefs against the defendants.

The plaintiffs claim against the defendants is for the sum of N23,131,533.00 (Twenty-three million, one hundred and thirty one thousand, five hundred and thirty three Naira) being the amount due for payment to the plaintiff with respect …

ABURIME V. UBA & ORS

ABURIME
V.
UBA & ORS