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CBN
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HYDRO AIR PTY LTD

(2014) JELR 40159 (CA)

Court of Appeal 27 Mar 2014 Nigeria
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- The Respondent obtained a judgment against the Nigerian Airspace Management Agency, the Nigerian Civil Aviation Authority (NCAA), and the Attorney-General of the Federation for USD 6,000,000, followed by an ex parte garnishee order nisi t

Case Details

Suit Number:CA/L/235/2012; CA/L/235A/2012
Judges: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
Counsel:O. Onamade Esq. with A. Adeleye (Miss) for the Appellant in CA/235/12 and Cross-Respondent in CA/235A/12 For Appellant Emmanuel Achukwu Esq. with Uche Obi Esq., Evaristus Bassey Esq. and Kingsley Okoyefi Esq for the Respondent in CA/235/12 and Cross-Appellants in CA/235A/12 For Respondent

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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