Ratio DecidendiRatio DecidendiRatio Decidendi


(2018) JELR 39136 (CA)    

Court of Appeal  ·  CA/IL/36/2016 ·  14 May 2018 ·  Nigeria
Other Citations
Darsey Digital Press Ltd. v. Ayo (2019) 1 NWLR (Pt. 1654) 379
CHIDI NWAOMA UWA Justice of The Court of Appeal of Nigeria HAMMA AKAWU BARKA Justice of The Court of Appeal of Nigeria BOLOUKUROMO MOSES UGO Justice of The Court of Appeal of Nigeria

Ratio Decidendi

Core Terms Beta
lower court
1st respondent
judgment debtors
garnishee order absolute
zenith bank
judgment creditor
3rd garnishees
mr. sogbetun
notice of appeal
brief of argument
garnishee order
1st judgment debtor
2nd garnishee
civil process act cap
jurisdiction of the court
new ground
failure of the lower court
first respondent
garnishee bank
garnishee proceeding
high court of kwara state
jurisdiction of the honourable court
leading judgment
mr. segun ogundola
mr sogbetun
subject of this appeal
13th day of june
access bank
accounts of appellants
bank plc
court processes
decision of akanbi j.
facts of this case
first respondents action
interim appellants
leave of the court
notice of withdrawal
present appeal
report of service of processes
rules of that court
said defendants fund management scheme
said monies
such schemes

BOLOUKUROMO M. UGO, JCA (DELIVERING THE LEADING JUDGMENT): The facts of this case are not very complicated. In the year 2014, 1st respondent, Demola Akintunde Ayo, representing 355 other persons, commenced proceedings under the Undefended List Procedure against one Geldaps Investment Nig. Ltd and Skywards Technologies as defendants in the High Court of Kwara State. His case was that he and those he represented invested the total sum of N345,600,000.00 with the said defendants fund management scheme on agreement that the said monies will be paid back to them with fabulous interest within three months. As is common with such schemes, the defendants did not keep their promise, hence their action.

In line with the rules of that Court, 1st respondent swore in the affidavit supporting his action that the defendants did not have any defence to their action.

With the defendants (Geldaps Investment Nig. Ltd and Skywards Technologies) not responding to the action, the trial Judge, S.M. Akanbi J.,…

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