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FIDELITY BANK
V.
ONWUKA

(2017) JELR 34289 (CA)

Court of Appeal 4 May 2017 Nigeria
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- The Court of Appeal dismissed the appeal, holding that a bank (garnishee) served with a garnishee order nisi must disclose all accounts held by a named judgment debtor (here, Anambra State Government), even if specific account numbers are

Case Details

Suit Number:CA/E/661/2013
Judges:HELEN MORONKEJI OGUNWUMIJU JCA JOSEPH TINE TUR JCA MISITURA OMODERE BOLAJI-YUSUFF JCA
Counsel:N.N. Onuzuruike For the Appellant; C.I. Okafor For the Respondent.

HELEN MORONKEJI OGUNWUMIJU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the Ruling of the High Court of Anambra State delivered by Hon. Justice H.O. Ozoh on 15/7/2013.

The facts leading to this appeal are that the Respondent as judgment/creditor having obtained a judgment of N23,936,100.25 at the Contracts Evaluation Debts and Property Recovery Tribunal of Anambra State of Nigeria subsequently obtained at the High Court an Order Nisi on 9/4/13 via a motion ex parte, directing the Appellant as 3rd garnishee (one of three garnishees) to show cause why an order should not be made upon it for payment to the Respondent the amount of judgment debt due to the Respondent or so much as would satisfy the judgment debt and the costs entered on the summons. The Appellant filed an affidavit showing cause but did not furnish the Court with the amount belonging to the judgment debtor in its custody citing lack of specific account details as the reason for the non-disclosure.

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