SKYE BANK PLC
V.
COLOMBARA & ANOR

(2014) JELR 40100 (CA)

Court of Appeal · CA/L/103/2011 · 31 Mar 2014 · Nigeria

CORAM

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

account

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…

SKYE BANK PLC V. COLOMBARA & ANOR

SKYE BANK PLC
V.
COLOMBARA & ANOR