PURIFICATION TECH. (NIG.) LTD
V.
ATTORNEY-GENERAL, LAGOS STATE

(2004) JELR 57715 (CA)    

Court of Appeal  ·  CA/L/470/2001 ·  20 Jan 2004 ·  Nigeria
CORAM
SULEIMAN GALADIMA, JCA (Presided and Read the Lead Judgment) PIUS OLAYIWOLA ADEREMI, JCA ABUBAKAR ABDULKADIR JEGA, JCA
Core Terms Beta
garnishee order
judgment debtor
learned trial judge
garnishee proceedings
judgment creditor
lower court
provisions of section
control of a public officer
execution of a judgment
lagos state government
writ of execution
appellant’s brief
enforcement of a judgment
respectful view
stay of execution of the judgment
such monies
civil process act cap
following terms
general principle of law
instant case
set aside
state government
supreme court
clear difference
clear distinction
clerical error
consent of the attorney-general
considered view
court order
detailed argument
determination of this court
factual basis of any such contention
fundamental procedural rule
general rule
laws of the federation of nigeria
lead judgment
learned judge of the high court
legal means
meaning of section
mr. b.o. ogundipe
part of efforts
respective counsel
respondent’s brief
ruling of the lagos state high court
said judgment creditor
true nature of monies
unanimous decision

GALADIMA, JCA (Delivering the Lead Judgment): The appeal made herein by the judgment creditor is against the ruling of the Lagos State High Court delivered by Ade-Alabi (J.) on 31st day of January, 2001, wherein a garnishee order nisi made on the 18th of January, 2001 was set aside upon an application made by the judgment debtor, the Lagos State Government. The garnishee order nisi was sought by the said judgment creditor as part of efforts to enforce the judgment it had obtained in this matter on the 2nd June, 1999 in suit No. LD/835/99 in which the Lagos State Government was adjudged liable to pay the judgment creditor the sum of US$ 166,353,090.19. By motion on notice dated 26/1/2001 and heard by the lower court on 31/1/2001 the Lagos State Government sought to set aside the order nisi . After hearing detailed argument from respective counsel for the parties, the learned trial Judge in his ruling set aside the garnishee order nisi . Being dissatisfied with the decision, t…

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