(1998) JELR 45632 (CA)    

Court of Appeal  ·  CA/E/126/97 ·  26 Nov 1998 ·  Nigeria
Other Citations
Densa Eng. Works Ltd v. U.B.N. Plc (1999) 1 NWLR (Pt.585) pg.162
Densa Eng. Works Ltd, v. U.B.N. Plc. (1999) 1 NWLR (Pt. 585) 162
ISA AYO SALAMI Justice of The Court of Appeal of Nigeria NIKI TOBI Justice of The Court of Appeal of Nigeria EUGENE CHUKWUEMEKA UBAEZONU Justice of The Court of Appeal of Nigeria
Core Terms Beta
learned trial judge
lower court
decree no.
garnishee order
judgment debtor
limited liability company
extra-ministerial department
grounds of appeal
trial judge
interesting points of law
legal authority
registrar of the lower court
court of appeal
court of appeal act
garnishee proceeding
issue no.3
main issue
provisions of section
suo motu
additional legal authority
appeal make
applicability of the constitution
copy of this letter
cross river estates ltd.
date of the ruling
decision of the learned trial judge
densa engineering works ltd.
distinct limited liability company
facts of this appeal art
fresh addresses
further addresses
good advocate
government of cross river state
judgment creditors
leading judgment
main grouse of the appellant
motion exparte
ruling of onnoghen j.
ruling of the lower court of 17th july
said order

UBAEZONU, J.C.A. (Delivering the Leading Judgment): This appeal is by the judgment creditors (Densa Engineering Works Ltd. and Anor) against the ruling of Onnoghen J. delivered on the 17th day of July, 1997 whereby he discharged a garnishee order nisi made by him on the 28th day of May, 1997 against the respondent i.e. the Union Bank of Nigeria Plc.

The facts of this appeal art: simple and straight forward. The issue for determination comes within wry narrow confines even if the appellant's brief has not been helpful in making things as simple as they ought to be.

The facts, briefly put, are that the appellant obtained judgment against the judgment debtor i.e. the Cross River Estates Ltd. in an undefended list for N2,719,000 with 21% interest and costs or N2.000 and out of pocket expenses of N296. The judgment debtor failed to satisfy the judgment debt. The appellant (judgment creditor) thereupon commenced a garnishee proceeding against the money allegedly belonging to the judgment de…

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