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BARBEDOS VENTURES LIMITED v. ZAMFARA STATE GOVERNMENT & ANOR

(2017) JELR 37993 (CA)

Court of Appeal  •  CA/S/62/2013  •  8 Jun 2017  •  Nigeria

Coram
HUSSEIN MUKHTAR JCA; MUHAMMED LAWAL SHUAIBU JCA; FREDERICK OZIAKPONO OHO JCA;

Judgement

FREDERICK OZIAKPONO OHO, J.C.A. (Delivering the Leading Judgment): This Appeal is against the Ruling of the High Court of Zamfara State sitting at Gusau and delivered on the 28-1-2013. The Courts Ruling had followed an objection raised by the Appellant/Judgment-Creditor against the 1st Respondents motion to be heard, on the ground that under the Garnishee proceedings the Judgment Debtor is a nominal party who ordinarily should not be heard and that the Court below had earlier on ruled on the issue. The Court below, in delivering its Ruling on the objection, ruled thus;

"My attitude to application brought by Counsel is to hear such application and there for rule. This objection raised by Judgment Creditor Counsel in the hearing of this application will be dealt with as a preliminary objection to the application to be dealt with in a consolidated Ruling after hearing the Judgment debtor application, judgment debtor granted permission to move the application."

The Appellant as Judgment Cre…

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