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UNILAG
V.
OLUWASANMI & ORS

(2017) JELR 34351 (CA)

Court of Appeal 24 Feb 2017 Nigeria
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Case Details

Suit Number:CA/L/573/2012
Judges:JOSEPH SHAGBAOR IKYEGH JCA TIJJANI ABUBAKAR JCA ABIMBOLA OSARUGUE OBASEKI-ADEJUMO JCA
Counsel:Mr. I. O. Ajomo with him, Mr. N. Eze-Okonkwo For the Appellant; Mrs. F. Falana with him, Mr. A. K. Ishola-Osobu, Mr. H. A. Oseagwina and Mrs. O. Animashaun for the 1st Respondent; Mr. P. U. Oguike for the 2nd Respondent; Miss E. Dejo-Ojomo for the 3rd Respondent.

JOSEPH SHAGBAOR IKYEGH, J.C.A. (Delivering the Leading Judgment): The appeal is from the decision of the Federal High Court sitting in Lagos (the Court below) by which it refused to set aside the garnishee order nisi for want of jurisdiction.

Put shortly, the 1st respondent obtained a judgment against the appellant for unascertained sum of money representing the arrear of salary and emoluments due and accruing to the 1st respondent from 27-04-1999. Pursuant to the judgment the 1st respondent secured a garnishee order nisi from the Court below attaching a sum of N51,170,000 purporting to be the judgment sum, said to be domiciled in the appellant's bank account with the two garnishees, the 2nd and 3rd respondents.

The appellant got notice of the garnishee order nisi and filed an application on notice seeking to discharge or set aside the garnishee order nisi for want of jurisdiction to issue same by the Court below. The central contention by the appellant at the Court below was that the j…

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