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(2017) JELR 34334 (CA)

Court of Appeal 13 Feb 2017 Nigeria
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- Following a garnishee order absolute issued by the Federal High Court, Abuja, the Central Bank of Nigeria credited the 1st respondent’s account with the appellant (a commercial bank) with N3,040,094,393.57, representing a judgment sum; th

Case Details

Suit Number:CA/MK/73/2012
Judges:JUMMAI HANNATU SANKEY Justice of The Court of Appeal of Nigeria ONYEKACHI AJA OTISI Justice of The Court of Appeal of Nigeria JOSEPH EYO EKANEM Justice of The Court of Appeal of Nigeria
Counsel:M. O. Ozueh, Esq. For Appellant Wale Balogun, Esq. For Respondent

JUMMAI HANNATU SANKEY, J.C.A. (Delivering the Leading Judgment): This Appeal is predicated on the Judgment of the High Court of Justice Nasarawa State sitting in Akwanga, in suit no. NSD/K34/2009, delivered on the 15th March, 2012 by Viko, J.

The Respondents (as Plaintiffs) commenced this action in the Nasarawa State High Court vide a writ of summons filed on 02-02-09 against the Defendant (now Appellant) claiming the following reliefs:

(i) N113,651,250.31 being 20% interest on investment rolled over from day to day on the sum of Three Billion and Forty Million, Ninety Four Thousand, Three Hundred and Ninety Three Naira, Fifty seven Kobo (N3,040,094,393.57), being plaintiffs' money or credit in their account with the Defendant from 30th day of October, 2008 to 5th January, 2009.

(ii) Twenty Five Million Naira (N25,000,000.00) being the amount paid as legal expensed imposed and incurred as a result of litigation in various Courts;

(iii) Five Hundred Million Naira (N500,000,000.00) being Ge…

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