(2014) JELR 40100 (CA)    

Court of Appeal  ·  CA/L/103/2011 ·  31 Mar 2014 ·  Nigeria
JOSEPH SHAGBAOR IKYEGH Justice of The Court of Appeal of Nigeria SAMUEL CHUKWUDUMEBI OSEJI Justice of The Court of Appeal of Nigeria TIJJANI ABUBAKAR Justice of The Court of Appeal of Nigeria
Core Terms Beta
lagos state government
2nd respondent
judgment debtor
advance payment guarantee
civil process act
advance payment
lower court
garnishee order absolute
learned trial judge
order nisi
order absolute
appearance of the lagos state government
1st respondent
account of the judgment debtor
attached funds
credit of the 2nd respondent
exhibit la3
garnishee order nisi
ruling of the high court of lagos state
said sum
documentary evidence
finding of the learned trial judge
garnishee proceeding
judgment debt
letter of award of contract
lien of the attached funds
above sum
brief of argument
clear evidence
due consideration of the contents of the appellant
following cases
garnishee 1st affidavit date
g.t. bank cheque
judgment debtor account
leading judgment
part of the advance payment sum
presentation of an acceptable bank guarantee
return date
said account shows
said act
statement of claim
sum of us
third party claim
total contract sum

SAMUEL CHUKWUDUMEBI OSEJI, J.C.A. (Delivering the Leading Judgment): This appeal is against the Ruling of the High Court of Lagos State delivered by Y. A. Adesanya J. on 25/6/2009 in suit No.ID/272/2005 wherein a garnishee Order Nisi for the sum of US$52,441.97 and N1,600,472,32 was made absolute.

The 1st Respondent herein had as Claimant in the Lower Court filed a writ of summons and a statement of claim dated 17/5/2005 against the 2nd Respondent (as defendant) claiming the sum of $52,441,47 and N1,600,472,32 being offshore and onshore entitlements due to the 1st Respondent from the 2nd Respondent and interest in the above sum at 10% per annum from 31/7/2003 till judgment is delivered.

In a judgment delivered on the 25/6/2009 the Lower Court dismissed the 2nd Respondent's Counter-claim and entered judgment in favour of the 1st Respondent (as claimant) in the sum of $52,441,97 and N1,600,472 and interest thereon at the rate of 10% per annum from 31/7/2003 till 25/6/2009 and thereafte…

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