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(2018) JELR 42002 (CA)

Court of Appeal 20 Mar 2018 Nigeria
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- The 1st Respondent (judgment creditor) obtained a money judgment against the 2nd Respondent (judgment debtor) under the Undefended List procedure at the High Court of the FCT, Abuja, and initiated garnishee proceedings to enforce the judg

Case Details

Suit Number:CA/A/604/2016
Judges:ABDU ABOKI Justice of The Court of Appeal of Nigeria TINUADE AKOMOLAFE-WILSON Justice of The Court of Appeal of Nigeria EMMANUEL AKOMAYE AGIM Justice of The Court of Appeal of Nigeria
Counsel:Paul Audu For Appellant Sunday Onubi with him, Bridget Emenba, Leke Kehinde,Idorenyim Okoko andAyakkanyeja Nda - for 1st Respondent.Damian Tor - for 2nd Respondent For Respondent

ABDU ABOKI, J.C.A. (Delivering the Leading Judgment): The 1st Respondent herein, commenced this action at the High Court of the Federal Capital Territory, sitting in Abuja (hereinafter referred to as the Trial Court), under the Undefended List procedure, against the 2nd Respondent for a liquidated sum and upon the admission of partial indebtedness by the 2nd Respondent of the sum of ₦68,942,475.00 (Sixty-Eight Million, Nine Hundred and Forty-Two Thousand, Four Hundred and Seventy-Five Naira) only, the Trial Court entered judgment against the 2nd Respondent for the said amount.

The 1st Respondent, in its bid to reap the fruits of its judgment, commenced a garnishee proceeding against the Appellant (the 15th Garnishee), amongst other garnishees.

Upon being served with the garnishee order nisi, the Appellant filed its affidavit, it admitted that the 2nd Respondent maintained several accounts with it. The Appellant also attached several documents as statements reflecting the sums standing t…

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