FBN
V.
JACOB AGIDI (NIG) LTD

(2018) JELR 38782 (CA)    

Court of Appeal  ·  CA/B/224/2016 ·  17 Jul 2018 ·  Nigeria
CORAM
SAMUEL CHUKWUDUMEBI OSEJI Justice of The Court of Appeal of Nigeria MOORE ASEIMO ABRAHAM ADUMEIN Justice of The Court of Appeal of Nigeria MUDASHIRU NASIRU ONIYANGI Justice of The Court of Appeal of Nigeria
Core Terms Beta
lower court
3rd garnishee
issues
learned trial judge
garnishee order absolute
federal capital territory high court
garnishee order
judgment debtors
garnishee proceedings
fair hearing
appellants motion
credit of the 1st judgment debtor
final order
issue no.
set aside
supreme court
1st judgment debtors account
exhibits b
facts of the case
following cases
garnishee cases
order of the court
said order
account of the judgment debtor
federal high court
hearing of the appeal
hon. justice a.m. liman
leading judgment
order nisi
ruling of the federal high court
ruling subject matter of this appeal
totality of the case
case of union bank of nigeria plc
courts attention
failure of the learned trial court
first place
garnishee order nisi
interpretation of the sole issue
learned trial judges
light of the above cited authorities
lower court coram liman j.
magit vs. federal university of agriculture
notice show
order lift
order of the lower court
order of the said court
own issue no.
raise issues
respondents counsel
tiza vs. begha

SAMUEL CHUKWUDUMEBI OSEJI, J.C.A. (Delivering the Leading Judgment): This appeal is against the Ruling of the Federal High Court, Benin Division delivered on the 11th day of April, 2016 wherein the Appellants motion on notice dated 6/2/2016 seeking the order of the said Court to vary the garnishee order absolute made on 15/12/2015 and set aside the writ of execution filed by the Respondent was dismissed.

The facts of the case is that sequel to a judgment entered in favour of the Respondent herein against the Defendants/Judgment debtors. The Respondent commenced garnishee proceedings in the Federal High Court, Benin (lower Court) and the Appellant herein is 3rd amongst the garnishees. The Respondent obtained an Order Nisi from the lower Court and served same on the garnishees including the Appellant on the 30/6/2012. The Appellant complied with the said order Nisi by placing a lien on the account of the judgment debtor which was to the tune of N89,782,082.61 and filed an affidavit to th…

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