(2018) JELR 38856 (CA)    

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

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