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(2026) JELR 114643 (SC)

Supreme Court 30 Jan 2026 Nigeria
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- The dispute arose after the Respondent obtained summary judgment against the Appellant in the Lagos High Court, and then secured a garnishee order nisi to enforce the judgment, following which the Appellant challenged both the summary jud

Case Details

Suit Number:SC.449/2018
Judges:John Inyang Okoro, JSC Helen Moronkeji Ogunwumiju, JSC Adamu Jauro, JSC Obande Festus Ogbuinya, JSC Abubakar Sadiq Umar, JSC
Counsel:Chioma Okwanyi, Esq., with him, Mathew Okwuanyi, Esq. For the Appellant. James Amade, Esq., with him, Obioma Chidiebere, Esq. For the Respondent.

ABUBAKAR SADIQ UMAR, J.S.C. (Delivering the Lead Judgment): This is an appeal against the judgment of the Court of Appeal, Lagos Judicial Division delivered on the 27th October, 2017, which dismissed the Appellant's appeal and affirmed the judgment of the High Court of Lagos State given on the 16th April, 2014 in Suit No: ID/ADR/126/2014. 

BRIEF STATEMENT OF FACTS

The Respondent got a summary judgment against the Appellant on the 24th November, 2014 from the High Court of Lagos State in Suit No: ID/ADR/126/2014. On the 1st December, 2014, the Respondent filed an ex-parte application for garnishee order nisi before the trial Court while the Appellant also filed an application to set aside the summary judgment on the 5th December, 2014. On the 10th of December, 2014, the Respondent filed a counter-affidavit to the Appellant's application to set aside the summary judgment. The trial Court heard and granted the application for garnishee order nisi on the same day and the matter was adjourne…

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