CBN
V.
J. I. NWANYANWU & SONS ENTERPRISES NIGERIA LTD

(2014) JELR 39812 (CA)    

Court of Appeal  ·  CA/L/187/1999 ·  27 Mar 2014 ·  Nigeria
CORAM
RITA NOSAKHARE PEMU Justice of The Court of Appeal of Nigeria SAMUEL CHUKWUDUMEBI OSEJI Justice of The Court of Appeal of Nigeria TIJJANI ABUBAKAR Justice of The Court of Appeal of Nigeria
Core Terms Beta
appellant
lower court
court
judgment creditor
record of appeal
garnishee proceedings
learned trial judge
appeal
garnishee order
garnishee order absolute
grounds of appeal
amended notice of appeal
u.s. dollars
1st defendant
civil process act cap
23rd day of may
learned judge of the court
public officer
public service of the federation
additional ground of appeal
control of a public official
ground e
judgment of the lower court
public office
ratio decidendi
said sum
subject matter of this appeal
trial of the issue
trite law
united bank
welko industriale spa
balance of the import bills of welco industriale
consent of both parties
consent of the attorney-general of the federation
custody of the judgment debtor
custody of the money
defendant judgment debtor
determination of the substantive suit
garnishee order nisi
interim order of injunction
leading judgment
ondo state of nigeria
order of mandamus
paragraph d
public official
samuel chukwudumebi oseji
subject of the garnishee proceedings
suit no id

RITA NOSAKHARE PEMU, J.C.A. (Delivering the Leading Judgment): This appeal is against the Garnishee Order made in Suit No ID/2121/90 by Honourable Justice E. Akin-Fernandez of the Ikeja High Court No 3 on the 23rd day of May 1997.

FACTS

By Writ of Summons dated 12th of October 1999, the Respondent (as Plaintiff in the Court below), sued the Appellant (as defendant in the Court below) for the following reliefs:

(i) "A Declaration that the Plaintiff is entitled to the sum of 500,000 U.S. Dollars from WELKO INDUSTRIALE SPA, MILANO, ITALY, being commission duly earned during the setting up of Nigerian, Italian Ceramic Factory situate at Akure, Ondo State of Nigeria.

(ii) A Declaration that the 1st Defendant could pay to the Plaintiff the said sum of 500,000 U.S. Dollars out of the balance of the Import Bills of WELCO INDUSTRIALE, SPA, MILANO, ITALY, to wit: 1,362,559:00 U.S. Dollars which said balance is with the 1st Defendant,

(iii) An Order of Mandamus commanding the 1st Defendant herei…

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