Customer Support

BARBEDOS VENTURES LTD
V.
ZAMFARA STATE GOVT & ANOR

(2017) JELR 37993 (CA)

Court of Appeal 8 Jun 2017 Nigeria
BriefBot icon

BriefBot Summary

Free

- This case is an appeal against a ruling of the High Court of Zamfara State in a garnishee proceeding. - The appellant, as the judgment creditor, objected to the 1st respondent's motion to be heard, arguing that the judgment debtor is a no

Case Details

Suit Number:CA/S/62/2013
Judges:HUSSEIN MUKHTAR Justice of The Court of Appeal of Nigeria MUHAMMED LAWAL SHUAIBU Justice of The Court of Appeal of Nigeria FREDERICK OZIAKPONO OHO Justice of The Court of Appeal of Nigeria
Counsel:Princess Chi O. Igwe For Appellant Sirajo Abdullahi, Esq. for 1st Respondent For Respondent

FREDERICK OZIAKPONO OHO, J.C.A. (Delivering the Leading Judgment): This Appeal is against the Ruling of the High Court of Zamfara State sitting at Gusau and delivered on the 28-1-2013. The Courts Ruling had followed an objection raised by the Appellant/Judgment-Creditor against the 1st Respondents motion to be heard, on the ground that under the Garnishee proceedings the Judgment Debtor is a nominal party who ordinarily should not be heard and that the Court below had earlier on ruled on the issue. The Court below, in delivering its Ruling on the objection, ruled thus;

"My attitude to application brought by Counsel is to hear such application and there for rule. This objection raised by Judgment Creditor Counsel in the hearing of this application will be dealt with as a preliminary objection to the application to be dealt with in a consolidated Ruling after hearing the Judgment debtor application, judgment debtor granted permission to move the application."

The Appellant as Judgment Cre…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 77,000 cases, recent judgments, statutes, and rules of court.