(2012) JELR 49321 (CA)    

Court of Appeal  ·  CA/L/1046M/11 ·  17 May 2012 ·  Nigeria
HELEN MORONKEJI OGUNWUMIJU Justice of The Court of Appeal of Nigeria SIDI DAUDA BAGE Justice of The Court of Appeal of Nigeria MUHAMMED AMBI-USI DANJUMA Justice of The Court of Appeal of Nigeria
Core Terms Beta
garnishee proceeding
honourable court
lower court
order nisi
court of appeal act
supreme court
court of appeal rules
record of appeal
senior advocate
senior counsel
notice of preliminary objection
order ex debito justitae
provision of section
2nd judgment debtors
brother owoade jca
determination of the motion
lead ruling
account of the ex-parte garnishee order
behalf of the applicants
case of n.a.o.c ltd v
credit of the appellants
date of receipt of the record
decree nisi
determination of the appellants
due respect
enforcement proceedings
face of the motion paper
garnishor file
good practice
good sense
grant of the order
grounds of the objection
inclusive ex-parte garnishee order
law of lagos state
learned counsel
learned trial judge
main issue
nominal parties
nwlr page
order ex-debito justitae
order vill of the judgment
paragraph affidavit
respondent taiwo o. taiwo esq
said null order
senior advocate of nigeria
submissions of the learned counsel

SIDI DAUDA BAGE, J.C.A. (Delivering the Lead Ruling): The matter in this application was fixed for hearing on the 26th of April, 2012, seeking for

(1) order for leave extending the time within which to bring this application.

(2) An order deeming this application as properly brought before this Honourable Court.

(3) An order ex-debito justitae suspending forthwith the execution or further execution of the ex-parte Garnishee order issued by the lower court after the appeal had been entered in this Honourable Court pending the Hearing and determination of the appellants/applicants' pending the hearing and determination of the motion on Notice for unconditional stay pending before this Honourable Court and/or

(4) An order ex debito justitae directing the Garnishees listed on the face of the motion paper to release forthwith from attachment all sums standing to the credit of the appellants/applicants and presently being withheld by them on account of the ex-parte Garnishee order made on …

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