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ZENITH BANK
V.
ADAMSON & ANOR

(2019) JELR 111015 (CA)

Court of Appeal 10 Apr 2019 Nigeria
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Case Details

Suit Number:CA/J/445/2017
Judges:Adzira Gana Mshelia JCA Tani Yusuf Hassan JCA Boloukuromo Moses Ugo JCA
Counsel:A. A. Adewole, Esq. with him, Mrs. N.O. Adewole, Esq. for the Appellant; Mrs. Eugenia N. Eze with him, D.S. Oge, Esq. for the 1st Respondent; Leo M. Ebi, Esq. holding the brief of N. Ekanem, SAN for the 2nd Respondent.

TANI YUSUF HASSAN, J.C.A.(Delivering the Leading Judgment): This is an interlocutory appeal against the Ruling of the Federal High Court sitting in Jos, Plateau State, delivered on the 3rd day of November, 2017 in suit No. FHC/J/CS/1/2017 by Honourable Justice M. H. Kurya. 

The 1st Respondent by a Motion Exparte dated the 17th day of March, 2017 prayed the lower Court for an Order Nisi against the 2nd Respondent to attach monies belonging to the Appellant in satisfaction of the monetary judgment of the National Industrial Court of Nigeria. The Order Nisi was granted as reflected at pp. 94-96 of the record of appeal. Upon being served with the Order Nisi, the Appellant filed two applications, seeking to set aside the Order Nisi and the other sought to strike the garnishee proceedings for want of jurisdiction. 

Before the hearing of the garnishee proceedings, the Appellant sought to move the applications when the 1st Respondent objected on the ground that a judgment/debtor may only be se…

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