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ECOBANK (NIG) PLC
V.
GTB & ORS

(2016) JELR 41044 (CA)

Court of Appeal 22 Mar 2016 Nigeria
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- The appeal arose from a Ruling of the High Court of Lagos State (Coker, J.) granting a garnishee order absolute against the Appellant bank following garnishee proceedings initiated by the 1st Respondent/Judgment Creditor to enforce a prio

Case Details

Suit Number:CA/L/472/2014
Judges:SIDI DAUDA BAGE Justice of The Court of Appeal of Nigeria CHINWE EUGENIA IYIZOBA Justice of The Court of Appeal of Nigeria ABIMBOLA OSARUGUE OBASEKI-ADEJUMO Justice of The Court of Appeal of Nigeria
Counsel:F. B. ODESANYA WITH HIM, ESTHER DEJE-OJOMO For Appellant LEKAN ONI For Respondent

ABIMBOLA OSARUGUE OBASEKI-ADEJUMO, J.C.A. (Delivering the Leading Judgment): This is an appeal against the Ruling of the High Court of Lagos State; coram Coker J., delivered on 12th February, 2014.

On the 10th of June, 2013, judgment was entered against the 2nd and 3rd Respondents as 1st and 2nd Defendants under Order 11 Rule 1 of the High Court of Lagos State (Civil Procedure) Rules 2012 as per the endorsement on the 1st Respondent's Writ of Summons and Statement of Claim dated 13th of September, 2012. By a Motion ex-parte dated 2nd September, 2013, the 1st Respondent commenced Garnishee Proceedings against the Appellant as the 10th Garnishee therein with sixteen other Garnishee Banks. Upon service of Garnishee Order Nisi dated 23rd October, 2013 granted by the lower Court on the Appellant on 4th November, 2013, the Appellant filed Affidavit to show cause dated 18th November, 2013; a Further Affidavit to show cause dated 16th January, 2014 as well as Further and Better Affidavit to sh…

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