Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



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…

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