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…

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

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