(2018) JELR 39062 (CA)    

Court of Appeal  ·  CA/PH/201/2015 ·  22 May 2018 ·  Nigeria
ALI ABUBAKAR BABANDI GUMEL Justice of The Court of Appeal of Nigeria ISAIAH OLUFEMI AKEJU Justice of The Court of Appeal of Nigeria CORDELIA IFEOMA JOMBO-OFO Justice of The Court of Appeal of Nigeria
Core Terms Beta
garnishee order
1st 7th respondents
lower court
judgment debtor
preliminary objection
garnishee proceedings
9th april
interested party
record of appeal
leave of this court
supreme court
interlocutory injunction
judgment creditors
learned counsel
civil proceedings
high court
10th respondents
3rd party
8th 10th respondents
alternative order
appeal no ca
appellants appeal
appellants oil facility
appellants response
briefs of argument
cases of naoc ltd
considered ruling delivered 29th september
decision of the federal high court
decision of this court
favour of the 1st 7th respondents
further proceedings
garnishee order nisi of 9th april
grant of the garnishee order
judgment of the trial court
leading judgment
learned trial judge
monetary compensation
monies of the appellants
notice of preliminary objection
order nisi
order of interlocutory injunction
order of stay of proceedings
provisions of order
provisions of section
satisfaction of the judgment debt
statutory provision
way of an ex-parte application

CORDELIA IFEOMA JOMBO-OFO, J.C.A. (Delivering the Leading Judgment): This appeal is against the decision of the Federal High Court (hereinafter referred to as the lower Court), per Hon. Justice U. N. Agomoh J., delivered 9th April, 2014. In the aforesaid decision the lower Court granted a garnishee order nisi in favour of the 1st 7th respondents for the purposes of attaching the monies of the appellants in the custody of the 8th to 10th respondents in satisfaction of the judgment debt in suit No. FHC/PH/CS/75/2003. (See page 319 of the record of appeal).


The 1st 7th respondents (judgment creditors) on 26th March, 2014 by way of an ex-parte application commenced a garnishee proceedings against the appellant (judgment debtor) and the other respondents, claiming monetary compensation for oil spillage which occurred at the appellants oil facility on 15th July, 2000. At the conclusion of hearing, the learned trial Judge entered judgment in favour of the said 1st 7th respon…

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