UBN PLC
V.
BEAR MARINE SERVICES LTD & ANOR

(2018) JELR 46283 (CA)

Court of Appeal · CA/L/157/2016 · 15 Feb 2018 · Nigeria

CORAM

UGOCHUKWU ANTHONY OGAKWU Justice of The Court of Appeal of Nigeria ABIMBOLA OSARUGUE OBASEKI-ADEJUMO Justice of The Court of Appeal of Nigeria JAMILU YAMMAMA TUKUR Justice of The Court of Appeal of Nigeria

Ratio Decidendi

Core Terms ^Beta

lower court

order

appellant

garnishee proceedings

1st respondent

civil process act

federal high court

civil procedure

garnishee order absolute

judgment debtor

2nd respondent

affidavit evidence

appellate court

exercise of discretion

judgment creditor

trial court

17th garnishee

defences of lien

garnishee order

learned trial judge

initial affidavit

instant case

notice of appeal

ruling of the lower court

said decision

set aside

appellants brief

appellants brief of argument

appellants reply brief

court of appeal rules

denial of liability

district court of harris county

enforcement of the reduced judgment amount

extant notice of appeal

findings of the lower court

judgment interest

leading judgment

necessary conditions

order of court

order of the lower court

principle of law

provenance of this matter

respective processes

said amount

stipulations of the rules of court

sum of us

united states of america

UGOCHUKWU A. OGAKWU, JCA (DELIVERING THE LEADING JUDGMENT): This appeal was spawned by the garnishee proceedings before the Federal High Court in SUIT NO. FHC/L/CS/1526/2015: BEAR MARINE SERVICES LTD v. OPI INTERNATIONAL NIG. LIMITED, IN RE: ACCESS BANK NIG PLC and 22 ORS. The Appellant herein was the 17th Garnishee, while the 1st Respondent was the Judgment Creditor and the 2nd Respondent was the Judgment Debtor. The provenance of this matter is the action at the District Court of Harris County, Texas, United States of America, where the 1st Respondent obtained judgment against the 2nd Respondent for the sum of US$11 million with post judgment interest. The 1st Respondent registered the said foreign judgment at the lower Court for the enforcement of the total sum of ₦2.4 billion and ₦122 million as costs incidental to the registration in SUIT NO.FHC/L/CS/1397/2015: BEAR MARINE SERVICES LTD v. OPI INTERNATIONAL NIG LTD.

Upon the registration of the judgment, the 1st Respondent commence…

UBN PLC V. BEAR MARINE SERVICES LTD & ANOR

UBN PLC
V.
BEAR MARINE SERVICES LTD & ANOR