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APC
V.
ZENITH BANK PLC & 2 ORS

(2021) JELR 113157 (CA)

Court of Appeal 24 Feb 2021 Nigeria
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- The 2nd and 3rd respondents obtained judgment against the appellant for N30,200,000.00 via undefended list procedure. Subsequently, they initiated garnishee proceedings against sixteen banks; fifteen were discharged, but Zenith Bank Plc.

Case Details

Suit Number:CA/C/331/2018
Judges:MOJEED ADEKUNLE OWOADE, JCA JAMES SHEHU ABIRIYI, JCA MUHAMMED LAWAL SHUAIBU, JCA
Counsel:Ekemini Udim Esq; Appellant. David Jonathan Esq.: 1st Respondent. Nsikak Akan Esq.: 2nd & 3rd Respondents.
Location:Calabar

MUHAMMED LAWAL SHUAIBU, JCA (Delivering the Leading Judgment): This appeal is against the Garnishee Order absolute of the High Court of Akwa Ibom State sitting in Uyo, which order was made against Zenith Bank Plc. in favour of the 2nd and 3rd respondents on the 30th day of May, 2018 by Honourable Justice Charles Ikpe.

The 2nd and 3rd respondents through an undefended list procedure obtained a judgment in their favour against the appellant in the sum of N30,200,000.00 as well as the cost of N20,000.00. In their bid to enforce the said judgment, the 2nd and 3rd respondent instituted a garnishee proceedings to attach funds standing to the credit of the appellant wherein sixteen commercial Banks were sued on the 30th day of April, 2018, and an order nisi was made against all the sixteen banks and thus ordered to come forward to show cause why the judgment sum should not be paid over to the 2nd and 3rd respondents. However, fifteen out of the sixteen banks were discharged while the 1st resp…

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