WEMA BANK PLC
V.
BRASTEM-STERR (NIG.) LTD

(2010) JELR 51007 (CA)    

Court of Appeal  ·  CA/L/29/05 ·  5 May 2010 ·  Nigeria
 · 
Other Citations
Wema Bank Plc v. Brastem-Sterr (Nig.) Ltd. (2011) 6 NWLR (Pt. 1242) 58
CORAM
PAUL ADAMU GALINJE JCA (Presided) IBRAHIM MOHAMMED MUSA SAULAWA JCA REGINA OBIAGELI NWODO JCA (Read the Lead Judgment)
Core Terms Beta
order
judgment debtor
civil process act
learned trial judge
order absolute
2nd respondent
garnishee order
garnishee proceedings
judgment
conditional order absolute
laws of the federation of nigeria
notice of appeal
1st respondent
issues
learned counsel
service of the order
garnishee order absolute
proof of service
contravention of the provisions of section
lead judgment
decision of the court
grounds of appeal
honourable justice d. t. okuwobi
judgment creditor applicant
leave of court
respect of the proceedings
service of the proceeding
submission of chief taiwo
writ of garnishee
1st respondent’s counsel
2nd respondent’s brief
brief of argument
chief wale taiwo
decision of the high court of lagos state
format of garnishee order
hearing of the appeal
high court
judgment creditor’s counsel
legal custody of monies of the judgment debtor
mr. rotimi seriki
order of the lower court
person denying service
senior bailiff of this court
service of court process
statutory forms
such order
virtue of section

NWODO JCA (Delivering the Lead Judgment): This is an appealagainst the decision of the High Court of Lagos State made on 2 December 2004. Briefly, the facts that led to the decision are as follows: The 1st respondent as claimant in the high court commenced a suit by writ of summons and statement of claim against the 2nd respondent who was then the defendant claiming the sum of N7,304,795 (seven million,three hundred and four thousand, seven hundred and ninety-five naira) as damages for breach of contract together with interest at 35% per annum from 31 July 2002 until judgment. Judgment was entered in the suit on 8 December 2003 as per the terms of settlement dated 15 May 2003.

The 1st respondent subsequently filed an exparte application for garnishee proceedings dated 23 September 2004. The application was granted and a garnishee order nisi made. On 2 December 2004, the learned trial judge, making an order absolute, held:

“Upon hearing the applicant/judgment creditor’s counsel on …

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