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IDUNG & ANOR
V.
C.O.P & ORS

(2017) JELR 38096 (CA)

Court of Appeal 8 Feb 2017 Nigeria
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- The case is an appeal against the decision of the High Court of Akwa Ibom State in Suit No. HU/MISC.385/2013 delivered on 31st March, 2014. - The Appellants, as Applicants before the Lower Court, commenced garnishee proceedings to recove

Case Details

Suit Number:CA/C/71/2015
Judges:IBRAHIM MOHAMMED MUSA SAULAWA Justice of The Court of Appeal of Nigeria STEPHEN JONAH ADAH Justice of The Court of Appeal of Nigeria JOSEPH OLUBUNMI KAYODE OYEWOLE Justice of The Court of Appeal of Nigeria
Counsel:Ernest Usah, Esq. For Appellant Bassey B. Anwanane, Esq. for the 5th Respondent For Respondent

STEPHEN JONAH ADAH, JCA (Delivering the Leading Judgment): This is an appeal against the decision of the High Court of Akwa Ibom State sitting at Uyo in Suit No. HU/MISC.385/2013 delivered on 31st day of March, 2014.

The facts of this case are simple and straight-forward. The Appellants as Applicants before the Lower Court commenced garnishee proceedings as judgment creditors to recover the sum of Seven hundred thousand Naira (₦700,000) only judgment debt along with Fifty Thousand Naira (₦50,000) cost for the garnishee proceedings. The judgment was obtained by the Appellants/Judgment creditors against the 1st, 2nd, 3rd and 4th Respondents/Judgment Debtors. The 5th Respondent was the Garnishee.

The matter was originated by the motion ex-parte filed before the Lower Court by the Appellants in this appeal on 5th December, 2014. The reliefs on the face of the motion papers are as follows:

1. An order Nisi garnishing the accounts of the Judgment Debtors (i.e. the accounts maintain by the poli…

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