(2018) JELR 38716 (CA)    

Court of Appeal  ·  CA/B/273/2014 ·  5 Jul 2018 ·  Nigeria
SAMUEL CHUKWUDUMEBI OSEJI Justice of The Court of Appeal of Nigeria MOORE ASEIMO ABRAHAM ADUMEIN Justice of The Court of Appeal of Nigeria MUDASHIRU NASIRU ONIYANGI Justice of The Court of Appeal of Nigeria
Core Terms Beta
1st respondent
7th defendant
learned trial judge
trial court
inter-pleader summons
allied matters act
judgment creditor
lower court
order of this honourable court
7th defendants share
attached goods
commencement of the proceedings
favour of the 1st respondent
majority shareholder
wrong procedure
civil procedure
distinct entity
respondents counsel
appropriate time
entire ownership
goods of the 1st respondent
leading judgment
perusal of the record of appeal shows
rules of court
ruling of the high court of delta state
said shop
separate legal entity
simisola trading co. vs chemical
1st defendant
above set
ajide vs kelani
case of okwoche vs dibia
determination of this interpleader summons
director of the 1st respondent
enough evidence
favour of the claimant
following orders
given date
immediate release of the attached goods
inter pleader
inter pleader applicant
inter pleader process
object of an inter-pleader proceedings
okolo vs ubn ltd
personal property of the subscriber
properties of the 1st defendant
relevant rules of this court
resultant effect of such omission
tiza vs begha
way of originating summons

SAMUEL CHUKWUDUMEBI OSEJI, J.C.A. (Delivering the Leading Judgment): This appeal is against the Ruling of the High Court of Delta State sitting in Oleh and delivered on the 18th day of March, 2014 in favour of the 1st Respondent herein. The facts leading to this appeal is that on the 17/6/2013 judgment was delivered by the lower Court in Suit No. HCO/11/2005 in favour of the claimant (now the Appellant) against the Defendants including the 7th Defendant who guaranteed the loan facility to the 1st Defendant. The said 7th Defendant (Ebore French) is a majority shareholder and Director of the 1st Respondent.

As a judgment creditor, the Appellant herein caused the judgment to be executed on the properties of the 1st Defendant, London Obuzor (now late) as well as attached the goods of the 1st Respondent.

This prompted the 1st Respondent to initiate an inter pleader process by filing an application in the lower Court on the 4/7/2013 seeking the following orders:-

1. An order of this Honourable…

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