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STERLING BANK PLC
V.
SQUARE BEE FOUR (NIG) LTD

(2022) JELR 110921 (CA)

Court of Appeal 23 Nov 2022 Nigeria
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- The case concerns enforcement of a monetary judgment obtained by Square Bee Four Nig. Ltd against G. Cappa Plc, leading to garnishee proceedings against Sterling Bank Plc (9th Garnishee) for funds held in the judgment debtor’s domiciliary

Case Details

Suit Number:CA/L/675/2014
Judges:Jimi Olukayode Bada JCA Muhammad Ibrahim Sirajo JCA Peter Oyinkenimiemi Affen JCA
Counsel:Victor Akpeji, with him, Ifeyemi Oguntunde for the Appellant; Dr. M.N.O. Olopade, SAN, with him, James Ujah for the Respondent.

MUHAMMAD IBRAHIM SIRAJO, J.C.A. (Delivering the Leading Judgment): In a ruling delivered on 26th November, 2012, in Suit No. LD/1364/2011, between Square Bee Four Nig. Ltd v. G. Cappa Plc, the Lagos State High Court (the lower Court), presided over by Hon. Justice G.M. Onyeabo, entered summary judgment in favour of the Claimant (Bee Four Nig. Ltd) against the Defendant (G. Cappa Plc) for the principal sum of N3,839,700.00, being the cost of 1,800 bags of Burham Cement supplied to the Defendant by the Claimant as well as the cost of gate pass and offloading. The Court also awarded 20% interest per annum from 28/10/2009 till judgment and 10% post-judgment interest until final liquidation of the judgment sum. 

In a bid to enforce the judgment, the Claimant/Judgment Creditor initiated garnishee proceedings against 20 Commercial Banks by way of motion ex parte dated and filed on 10/01/2013 (Pages 58 -66 of the Record of Appeal). The Judgment Creditor sought for an order of the lower Court …

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