TERUMBUR ZATOO
V.
COMMISSIONER OF POLICE & 2 ORS

(2021) JELR 109984 (CA)

Court of Appeal 21 Jan 2021 Nigeria
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- This is an appeal against the decision of the Federal High Court in a garnishee proceeding. - The lower court dismissed the appellant's ex parte application for a garnishee order nisi to attach funds in the accounts of the 1st respondent.

Case Details

Suit Number:CA/MK/161/2018
Judges:ONYEKACHI AJA OTISI, J.C.A. (Presided) OLADOTUN ADEBOLA ADEFOPE-OKOJIE, J.C.A. JOSEPH EYO EKANEM, J.C.A. (Read the Leading Judgment)
Counsel:M. M. Ngorngor, Esq. - for the Appellant T. J. Aondo, Esq. (with him, S. Shagba, Esq.) - for the 3 rdRespondent

EKANEM, J.C.A. (Delivering the Leading Judgment): This appeal is against the decision of the Federal High Court sitting in Makurdi (the lower court) delivered on 3rd May, 2018 by C.J. Aneke,J., in suit No. FHC/MKD/CS/79/2011. In the ruling, the lower court dismissed the appellant’s ex parte application for a garnishee order nisi seeking to attach the sum of N2,100,000.00 in the accounts of the 1st respondent with the 3rd respondent in enforcement of judgment given in favour of her deceased husband in suit No. FHC/MKD/71/2011 on 12/6/2012. The lower court dismissed the application on the ground that it was an abuse of court process.

 Aggrieved by the decision, the appellant appealed to this court by means of a notice of appeal filed on 8/5/2018 which incorporates three grounds of appeal.

The facts of the case leading to this appeal are that the husband of the appellant obtained judgment against the 1st and 2ndrespondents at the lower court in the sum of N2,100,000.00 (Two, Million, One H…

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