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DANGOTE SUGAR REFINARY
V.
VINAN PET. LTD & ANOR

(2017) JELR 37596 (CA)

Court of Appeal 24 May 2017 Nigeria
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Case Details

Suit Number:CA/K/246/2015
Judges:IBRAHIM SHATA BDLIYA Justice of The Court of Appeal of Nigeria OBIETONBARA O. DANIEL-KALIO Justice of The Court of Appeal of Nigeria AMINA AUDI WAMBAI Justice of The Court of Appeal of Nigeria
Counsel:Rickey Tada SAN For Appellant Uche Uwazuronye Esq. For Respondent

OBIETONBARA O. DANIEL-KALIO, J.C.A. (Delivering the Leading Judgment): On 30/7/15, the High Court of Kaduna State (the lower Court) delivered three rulings in respect of suit No.KDH/KAD/52/2014, now on appeal. The first ruling was in respect of a motion for stay of execution of the judgment of the Court. By the ruling, the motion was dismissed. The second Ruling was in respect of a motion to set aside the garnishee order of the Court of 15/7/15. The Ruling also dismissed the motion. The third Ruling forms the subject of the present appeal. Before that third Ruling, Uche Nwazuronye Esq. for the judgment creditor informed the lower Court that the 4th garnishee had been asked to show cause why the garnishee order nisi against it should not be made absolute and that the 4th garnishee had said that it had set aside the judgment sum. He therefore prayed the lower Court to make the garnishee order against the 4th garnishee absolute. The lower Court agreed with him and ruled thus:-

"the order …

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