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ORUPABO & ORS
V.
FBN

(2018) JELR 34444 (CA)

Court of Appeal 30 Apr 2018 Nigeria
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Case Details

Suit Number:CA/PH/58/2015
Judges:ISAIAH OLUFEMI AKEJU Justice of The Court of Appeal of Nigeria CORDELIA IFEOMA JOMBO-OFO Justice of The Court of Appeal of Nigeria BITRUS GYARAZAMA SANGA Justice of The Court of Appeal of Nigeria
Counsel:E. B. Ukiri, Esq. with him, P. O. Okeri, Esq. For Appellant C. D. Nwankwo, Esq. with him, O. U. Ogbuigwe, Esq. For Respondent

CORDELIA IFEOMA JOMBO-OFO, J.C.A. (Delivering the Leading Judgment): This appeal emanated from the ruling of the Federal High Court, Port Harcourt Judicial Division (hereinafter to be known as the lower/trial Court), per Hon. Justice B. O. Quadri, J. delivered 11th December, 2014 in suit No. FHC/PH/FJ/03/2009 in respect of garnishee proceedings commenced against the respondent by the appellants.

STATEMENT OF FACTS

The appellants before us being the garnishors/applicants at the lower Court, by way of an ex-parte application dated and filed 7th July, 2014 sought 4 (four) principal reliefs amongst which relief (2) thereof reads as follows:

(2) An order granting leave to the applicants to continue the further prosecution of these garnishee proceedings which were adjourned sine die pending the determination of appeal No. CA/PH/334/2009.

The ex-parte application which was moved on 28th October, 2014 was supported by an affidavit of 10 (ten) paragraphs with some exhibits annexed thereto. (See pa…

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