GIMSER COMMODITIES LTD
V.
FCMB & ORS

(2017) JELR 34292 (CA)

Court of Appeal 11 Apr 2017 Nigeria
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Case Details

Suit Number:CA/K/268/2003
Judges:IBRAHIM SHATA BDLIYA Justice of The Court of Appeal of Nigeria OLUDOTUN ADEBOLA ADEFOPE-OKOJIE Justice of The Court of Appeal of Nigeria AMINA AUDI WAMBAI Justice of The Court of Appeal of Nigeria
Counsel:Ugo Adoji. With him, Izuchukwu Oziogu For Appellant S. A. Akanni for the 1st Respondent/Cross Appellant.No appearance for 2nd, 3rd and 4th Respondents. For Respondent

OLUDOTUN ADEBOLA ADEFOPE-OKOJIE, J.C.A. (Delivering the Leading Judgment): Both the Appellant and 1st Respondent have filed appeals against the Ruling of the High Court of Kaduna State delivered on the 14th day of July 2003 by Hon. Justice J.S. Abiriyi in respect of an Interpleader application filed by the Appellant.

The facts leading up to the appeals are that, consequent upon a judgment delivered by the Lower Court in favour of the 1st Respondent who was the Plaintiff before the Lower Court against the 1st and 2nd Respondents, the 1st Respondent attached a DAF Truck with Registration No. XD 761 AGL, in satisfaction of the judgment debt. The Appellant filed an Interpleader Summons in respect of the attachment, which was heard but dismissed by the trial Judge. Dissatisfied with this order of dismissal, the Appellant filed a Notice of Appeal dated 14/7/03, subsequently amended by leave of this Court, the extant Notice being that dated 7th April 2014 and filed on the same date.

The 1st Re…

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