(2018) JELR 38715 (CA)    

Court of Appeal  ·  CA/A/558/2017 ·  23 Mar 2018 ·  Nigeria
ABUBAKAR DATTI YAHAYA Justice of The Court of Appeal of Nigeria PETER OLABISI IGE Justice of The Court of Appeal of Nigeria MOHAMMED MUSTAPHA Justice of The Court of Appeal of Nigeria
Core Terms Beta
suit no
1st respondent
federal government of nigeria
learned trial judge
lower court
amended originating summons
trustees of the association of local governments
senior counsel
local governments
3rd defendants
association of local governments of nigeria
paris club debt refund
5th defendant
federal government
local government areas
account no.
garnishee proceedings
guaranty trust bank
hon. attorney general of the federation
ordinate jurisdiction
1st september
2nd-7th respondents
claim of the 1st respondent
defendant pays
order of court
part of the judgment sum
said judgment
1st-3rd defendants
1st respondent riok nigeria
adeola adedipe esq
director of the 1st respondent
following questions
following reliefs
high courts
honourable justice a. r. mohammed
incorporated trustees of the association of local governments
judgment of the federal high court of nigeria abuja division
leading judgment
obedience of the orders of the court
order of this honourable court
paragraph affidavit
paras c-d
paris club
part payment of the judgment sum
view of the judgment of the federal high court
view of the peculiar nature of the matter

PETER OLABISI IGE, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the Federal High Court of Nigeria Abuja Division which was delivered by Honourable Justice A. R. Mohammed on 20th day of June, 2017.

The 1st Respondent RIOK NIGERIA LIMITED as the Plaintiff at the lower Court has by its Amended Originating Summons dated the 23rd May 2017 and filed on 24th May, 2017, sought answers to the following questions:-

1. WHETHER in view of the Judgment of the Federal High Court in SUIT NO: FHC/ABJ/CS/130/13 BETWEEN LINAS INTERNATIONAL LTD and 235 ORS. v. THE FEDERAL GOVERNMENT OF NIGERIA and 3 ORS. which suit was initiated by ALGON, the 5th Defendant which decided that the Federal Government is owing the Local Governments in Nigeria from refunds the FGN made to the London and Paris Club, the Federal Government is right to have instead of following the Court's Order as contained in the said judgment, warehoused part of the Judgment sum at Guaranty Trust Bank (GTB) …

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