CBN
V.
HYDRO AIR PTY LTD

(2014) JELR 40159 (CA)    

Court of Appeal  ·  CA/L/235/2012; CA/L/235A/2012 ·  27 Mar 2014 ·  Nigeria
 · 
Other Citations
C.B.N. v. Hydro Air PTY Ltd. (2014) 16 NWLR (Pt. 1434) 482
CORAM
AMINA ADAMU AUGIE Justice of The Court of Appeal of Nigeria JOSEPH SHAGBAOR IKYEGH Justice of The Court of Appeal of Nigeria CHINWE EUGENIA IYIZOBA Justice of The Court of Appeal of Nigeria
Core Terms Beta
appellant
basa account
section
trial court
civil process act
respondent
trial judge
2nd judgment debtor
1st garnishee
central bank of nigeria
judgment creditor
judgment debtors
provisions of section
decision of the trial court
order nisi
prior consent of the attorney-general
attorney-general of the federation
cross-appeal
learned trial judge
sum of usd
united states dollars
circumstances of this case
costs of the garnishee proceedings
federal high court
federal high court lagos
garnishee order
insufficient funds
notice of appeal
orders of the trial court
said affidavit
virtue of the decision of the supreme court
account of the federal government of nigeria
account of the said judgment debtor
appellant disputing liability
attached sum
case file
director general of the ncaa
following terms
grounds of appeal
leading judgment
nigerian civil aviation authority
notice of cross appeal
order of the hon. court
said judgment debt
show cause
similar issues
virtue of an alleged compromise agreement

CHINWE EUGENIA IYIZOBA, J.C.A. (Delivering the Leading Judgment): The Respondent herein obtained a judgment for the sum of USD 6,000,000.00 (Six Million United States Dollars) against the Nigerian Airspace Management Agency, (NAMA); the Nigerian Civil Aviation Authority, (NCAA) and the ATTORNEY-GENERAL OF THE FEDERATION by virtue of an alleged compromise agreement.

Thereafter, by Motion Ex-parte dated 13th May, 2011 filed at the Federal High Court, Lagos, the Respondent obtained a garnishee order nisi against the Appellant and 12 commercials banks on the 18th of May, 2011 in the following terms:

"(i) That an Order Nisi is hereby made attaching all debts due or sums accruing from the Garnishees to the Judgment Debtors to satisfy a Judgment secured by the Judgment Creditor in the Federal High Court Lagos on the 23rd day of July, 2010, in the sum of USD 6,000,000.00 (Six Million United States Dollars) plus the accrued post Judgment interest of 10% together with the costs of the garnishee…

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