(1999) JELR 38698 (CA)    

Court of Appeal  ·  CA/L/466M/98 ·  17 Dec 1999 ·  Nigeria
Other Citations
CBN v. J.I. Nwanyanwu and Sons Ent (2000) 1 NWLR (Pt.657)460
CBN v. J.I. Nwanyanwu and Sons Ent (2000) 5 NWLR (Pt. 657) 460
GEORGE ADESOLA OGUNTADE Justice of The Court of Appeal of Nigeria SULEIMAN GALADIMA Justice of The Court of Appeal of Nigeria AMIRU SANUSI Justice of The Court of Appeal of Nigeria
Core Terms Beta
judgment debtor
learned counsel
stay of execution
garnishee order
lower court
learned trial judge
stay of execution of the garnishee order
high court
lead ruling
notice of appeal
suit no. id
23rd day of may
exceptional circumstances
execution of the garnishee order
high court of lagos state
lagos state
paragraph affidavit
adagun j. of ikeja high court
aforesaid substantive judgment debtor
best law
case of union bank of nigeria v
copy of the notice of appeal
copy of the said ruling
following orders
following reasons
general principles
honourable judge e.a.
honourable justice e.a. fernandez
i.c. nwosu of applicant
ikeja high court no.
interlocutory injunction
law firm of messrs ike nwosu
learned judge
mr. nwosu of counsel
relevant paragraphs of the affidavit state
respondent grounds of appeal
said matter
stay of execution of the high court
trial of the case
u.s.a dollars

GALADIMA, J.C.A.(Delivering the Lead Ruling): The respondent as the plaintiff/judgment/Creditor obtained judgment delivered on the 6th February, 1996 By Honourable Justice E.A. Fernandez against the defendant/judgment Debtor, Welko Industrial S.P.A. in suit No. ID/2121/90 for US $500,000 or its Naira equivalent as an agent in the Commission that accrued on importation made by Nigerian/Italian Ceramic products Ltd, Akure. In a Garnishee Order made absolute on 23rd day of May 1997, the appellant/applicant, (to be hereinafter referred to as the "applicant" in this Ruling) was ordered to pay the sum of 500,000 U.S.A Dollars or its equivalent in local currency to the respondent. Dissatisfied with this Ruling, the applicant filed a Notice of Appeal to this court on the 5th day of June, 1997. The applicant also applied to the trial High court for a stay of execution of the Garnishee Order. On the 9th day of December, 1998, Adagun J. of Ikeja High Court in a considered ruling refused the appl…

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