Ratio Decidendi



DOWELL SCHLUMBERGER (NIG) LTD & ORS
V.
ANIEKAN & ANOR

(2018) JELR 38983 (CA)    

Court of Appeal  ·  CA/OW/39/2018(R) ·  2 Jul 2018 ·  Nigeria
CORAM
MASSOUD ABDULRAHMAN OREDOLA Justice of The Court of Appeal of Nigeria ITA GEORGE MBABA Justice of The Court of Appeal of Nigeria TUNDE OYEBANJI AWOTOYE Justice of The Court of Appeal of Nigeria

Ratio Decidendi

Core Terms Beta
preliminary objection
appeal
motion
order
1st respondent
respondent
applicants
sum
2nd respondent
parties
court
court of appeal rules
honourable court of the substantive appeal
rule
federal high court
lower court
port harcourt
station registrar of the federal high court
account of the 1st appellant
decision of the lower court
onward transmission
respondents counsel
suit no. fhc
supreme court
hearing of the motion
judgment debtor
legal profession
above grounds of the objection
chief arthur john
contempt proceedings
court of appeal port harcourt division
enforcement of the garnishee order absolute
execution of the garnishee order absolute
hearing of the appellants
hearing of the application
judgment creditor
legal issues
notice of preliminary objection
obvious legal implication of this preliminary objection
resolution of the preliminary objection
respect of the enforcement of the garnishee order absolute
rivers state
rules of professional conduct
said motion
said pending appeals
senior counsel
such incompetent
such practice
trial court

ITA GEORGE MBABA, JCA (Delivering the Lead Ruling): Appellant filed a Motion on Notice on 15/2/2018 in this Court, seeking:

(1) An order staying the execution of the garnishee order absolute made by the Honourable Justice A. Lewis Allagoa of the Federal High Court, Owerri in Suit No. FHC/OW/FJ/04/2017 on 19th January, 2018 pending the determination by this Honourable Court of the substantive appeal filed by the Appellants/Applicants in this appeal.

(2) An order restraining the 2nd Respondent/Respondent from paying the sum of ₦254,848,476.66 or any other sum at all, from the Account of the 1st Appellant/Applicant with the 2nd Respondent/Respondent, to the Station Registrar of the Federal High Court, Owerri, for onward transmission to the 1st Respondent/Respondent or the 1st Respondent/Respondents Counsel, E.B. Ukiri Esq., pending the determination by this Honourable Court of the substantive appeal, filed by the Appellants/Applicants in this appeal.

(3) An order restraining the 2nd Respond…

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