(2018) JELR 39003 (CA)    

Court of Appeal  ·  CA/J/70/2017 ·  25 Jan 2018 ·  Nigeria
ADAMU JAURO Justice of The Court of Appeal of Nigeria HABEEB ADEWALE OLUMUYIWA ABIRU Justice of The Court of Appeal of Nigeria ELFRIEDA OLUWAYEMISI WILLIAMS-DAWODU Justice of The Court of Appeal of Nigeria
Core Terms Beta
ruling of the high court of plateau state
lower court
cases of ppa vs inec
third respondents
garnishee proceedings
issue of the appropriateness of the joining
first issue
adelakun vs oruku
facts of this case
twelfth respondents
central bank of nigeria vs kakuri
records of appeal
notice of appeal
leading judgment
provisions of section
civil procedure
jurisdiction of the federal high court
issue of their misjoinder
order of garnishee nisi
fundamental rule of judicial adjudication
continuation of hearing of the garnishee proceedings
cases of ikonne vs commissioner of police
bailiff of the lower court
central bank of nigeria vs kakuridelivered
notice of preliminary objection
high court
oriare vs government of western nigeria
legal tender
leave of this court
evidence of consent of the attorney general
issue of misjoinder of parties
garnishee order nisi
later date
joinder of causes of action
ademola vs sodipo
civil process act
sons bottling co ltd
custody of the funds of the judgment debtors
second issue
commercial bank
supreme court
rules of oyo state
account of the twelfth respondent
foreign exchange
ltd vs oceanic bank int
public institutions

HABEEB ADEWALE OLUMUYIWA ABIRU, J.C.A.(Delivering the Leading Judgment): This appeal is against the decision contained in the ruling of the High Court of Plateau State in Suit No PLD/J543/96 delivered by Honorable Justice P. D. Damulak on the 9th of December, 2014.

The facts of this case as can be garnered from the records of appeal are that the first to the third Respondents commenced the action in the lower Court against the fourth to the twelfth Respondents claiming damages for trespass to their premises and to their persons and the lower Court entered judgment in their favour on the 21st of May, 2013 and awarded them a combined sum of N12 Million as damages. The fourth to the twelfth Respondents were dissatisfied with the judgment and they caused a notice of appeal dated the 27th of May, 2013 to be filed against it and they thereafter filed different motions before the lower Court and before this Court.

The fourth to the twelfth Respondents did not pay the judgment sum and the first…

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