SCOA (NIG) PLC & ANOR
V.
REGISTERED TRUSTEES OF METHODIST CHURCH OF NIG & ANOR

(2016) JELR 34231 (CA)

Court of Appeal 22 Mar 2016 Nigeria
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Case Details

Suit Number:CA/L/1174/2010
Judges:AMINA ADAMU AUGIE Justice of The Court of Appeal of Nigeria YARGATA BYENCHIT NIMPAR Justice of The Court of Appeal of Nigeria JAMILU YAMMAMA TUKUR Justice of The Court of Appeal of Nigeria
Counsel:BALOGUN For Appellant I. A. UGUNDU (MISS) For Respondent

YARGATA BYENCHIT NIMPAR, JCA (Delivering the Leading Judgment): This is an appeal against the order of garnishee absolute made by HON. JUSTICE GBAJABIAMILA of the Lagos State High Court made on the 26th January, 2010. The 1st Respondent got a default judgement against the Appellants and filed necessary processes towards executing the judgement after the Appellants application to set aside the judgement was dismissed. The 1st Respondent then commenced garnishee proceedings with a view to enforcing the monetary judgement. While this was ongoing, the Appellants applied and were granted leave to appeal against the execution. Garnishee order nisi and order absolute were made by the Court attaching the account of the Appellants. Another application to discharge the order of Garnishee absolute and to terminate further proceedings in the matter was refused by the lower Court. Dissatisfied with the ruling, the Appellants filed a Notice of Appeal dated 20th May 2010 filed on the same day settin…

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