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(2017) JELR 53453 (SC)

Supreme Court 15 Dec 2017 Nigeria
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- The appellant appealed against the decision of the lower court to make the garnishee order absolute, arguing that the order was not properly served and that the court lacked jurisdiction. - The court concluded that the garnishee order was

Case Details

Suit Number:SC. 500/2014
Judges:OLABODE RHODES-VIVOUR JSC (Presided) MARY UKAEGO PETER-ODILLI JSC CLARA BATA OGUNBIYI JSC ( Read the Lead Judgment) AMIRU SANUSI JSC SIDI DAUDA BAGE JSC
Counsel:Olanrewaju Osinaike Esq. (with him, Afolabi Eniola-Adesina, -*- A. Adewara, Tobi Atewologun and A. O. Alatise Esq.) - for -*- the Appellant. -*- Mrs. Adeola Adedipe - for the 1st -*- and 2nd Respondents. -*- Mr. Dayo Apara (SGF) (with him, T.A. Gazali (CSC), Oyin Koleosho (SSC) and O.A. Oloruntoba (SSC)) - for the 3rd and 4th Respondents.
Other Citations:(2017) JELR 37207 (SC)

OGUNBIYI JSC (Delivering the Lead Judgment): This is an appeal against the decision of the Court of Appeal sitting at Owerri contained in the judgment of the court delivered on 9 May 2014 affirming the decision of the Federal High Court, Umuahia Judicial Division delivered on 13 June 2012. The trial High Court dismissed the appellant’s preliminary objection to the jurisdiction of the court to entertain the garnishee proceedings instituted by the 1st and 2nd respondents to enforce the judgment entered on 17 June 2009 against 3rd and 4th respondents and made the garnishee order absolute. The judgment creditors/1st and 2nd respondents instituted a garnishee proceedings at the trial court on 12 October 2011 against the appellant herein, as the garnishee and the 3rd and 4th respondents as judgment debtors/guarantors in the garnishee order nisi FHC/UM/M/85/2011 for the following reliefs:-

“1. An order of garnishee order nisi against the garnishee i.e. the Central Bank of Nigeria that su…

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