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M.D. MUHAMMAD, J.C.A. (Delivering the Leading Judgment): The first respondent in this appeal, as liquidator/ receiver of Alpha Merchant Bank Plc, instituted suit No. FBFM/ZIN/CV/34/97 at the Lagos Zone of the Failed Banks (Recovery of Debts) and Financial Malpractices Tribunal against the 2nd, 3rd respondents and the appellant herein for the recovery of the sum of one million four hundred and twenty one thousand, and eighty six dollars ($1,421,086.00) and one hundred and ninety million, two hundred and eighty two thousand, four hundred naira (190,282,400.00) respectively owed to the ailing bank by the 2nd respondent. 1st and 2nd respondents reached an amicable settlement and following the terms of settlement executed by both, the tribunal on 18th March 1998 entered a consent judgment thereon.
The 1st respondent as the judgment creditor/applicant, by a motion on notice pursuant to order 9 rules 1 and 2, order 43 rule 7(2) of the lower court's rules and order 7 rule 2 of the Judgment (Eā¦