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UNITY BANK PLC
V.
IGALA CONSTRUCTION CO. LTD & ANOR

(2020) JELR 113084 (CA)

Court of Appeal 21 May 2020 Nigeria
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Case Details

Suit Number:CA/A/311/2019
Judges:STEPHEN JONAH ADAH, JCA YARGATA BYENCHIT NIMPAR, JCA MOHAMMED BABA IDRIS, JCA
Counsel:PAUL O. ESHIEMOMOH ESQ. for the APPELANTS. DAYO AKONLAYA, SAN, BOLA AIDI ESQ., OBIDIKE OKWO ESQ., OSUYIKANMI KEHINDE ESQ., J. O. AKINLAYA ESQ. and FASHINA OLYOMI ESQ. for the repondents.
Location:Abuja

YARGATA BYENCHIT NIMPAR, JCA (Delivering the Leading Judgement): This Appeal is against the Ruling of the High Court of Justice of the Federal Capital Territory, Abuja delivered by Hon. Justice Y. Halilu on the 23rd day of January, 2019 in Suit No. FCT/HC/1039/02, wherein the Preliminary Objection filed by the Appellant challenging the jurisdiction  of the Court below  was dismissed along a Motion for Stay of Execution. Dissatisfied with the decision, the Appellant filed a Notice of Appeal on the 19th February, 2019 setting out 4 grounds of Appeal.

Facts relevant to the Appeal are amenable to brief summary. The Appeal emanates from a Garnishee Order Nisi made by the Court below on the 14th August, 2017 in favour of the 1st Respondent (Judgment Creditor) against the Appellant as Judgment debtor. The Appellant filed a Preliminary Objection on the 29/8/2017 and it was argued on the 15th January, 2019. The lower Court delivered its Ruling on the 23rd January, 2019 dismissing the preliminar…

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