Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



CBN
V.
EZE & ORS

(2021) JELR 108831 (CA)    

Court of Appeal  ·  CA/A/344/2015 ·  15 Sep 2021 ·  Nigeria
CORAM
Ignatius Igwe Agube, JCA Olabode Abimbola Adegbehingbe, JCA Abba Bello Mohammed, JCA

Ratio Decidendi

Core Terms Beta
court
lower court
appeal
garnishee proceedings
preliminary objection
1st respondent
17th garnishee
record of appeal
notice of appeal
garnishee order absolute
appellant's counsel
fair hearing
notice of preliminary objection
18th garnishee
learned trial judge
1st respondent's brief
legal practitioners
appellant's brief
enrolment of order
argument of the appeal
garnishee order nisi
identified processes
jurisdiction of the court
learned counsel
supreme court
absence of the 2nd-6th respondents
bailiff of this court
bottom of the order
contravention of rule
court of appeal
date of hearing
d-d
decision of the trial court
disobedience of the garnishee order absolute
enrolments of order
first paragraph of the appellant
following issues
following orders
hearing notices
issue of the incorrectness of the record
leading judgment
name of the judex
names of other respondents
proceedings of that date
ruling of the lower court
spurious affidavit of cause
subject matter of this appeal

OLABODE ABIMBOLA ADEGBEHINGBE, J.C.A. (Delivering the Leading Judgment): This appeal was argued, on 29/06/2021, in the absence of the 2nd-6th respondents, after the Court was satisfied that they were, each, duly served with hearing notices for the date of hearing, through proofs provided by the Bailiff of this Court. It is also worthy of note that the named, absent, respondents did not file any process in the appeal, despite being made aware of the appeal. The appeal was therefore argued by the appellant and the 1st respondent.

The appellant claimed that this appeal is against the decision/ruling of the National Industrial Court of Nigeria (NICN), Abuja Division, dated 20/05/2015, under the hand of Hon. Justice M. N. Esowe. In the first paragraph of the appellant's Notice of Appeal, filed on 22/05/2015, which lies at pages 190-196 of the record of appeal, the appellant stated as follows:

"TAKE NOTICE that the Appellant being dissatisfied with the ruling of Honourable Justice M. N. Esowe…

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