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CENTRAL BANK OF NIGERIA v. SHUAIBU DOMA

(2018) JELR 38459 (CA)

Court of Appeal  •  CA/J/170/2017  •  16 Jul 2018  •  Nigeria

Coram
UCHECHUKWU ONYEMENAM JCA; HABEEB ADEWALE OLUMUYIWA ABIRU JCA; ELFRIEDA OLUWAYEMISI WILLIAMS-DAWODU JCA;

Judgement

HABEEB ADEWALE OLUMUYIWA ABIRU, J.C.A. (Delivering the Leading Judgment): This appeal is against the decision contained in the Ruling of the High Court of Bauchi State delivered in Suit BA/616M/2016 by Honorable Justice Muazu Abubakar on the 27th of April, 2017.

The Respondent obtained a money judgment in the total sum of ₦1.65 Million against one Isa Tano, the Nigerian Army and the Chief of Army Staff on the 31st of October, 2014. Following the failure of the judgment debtors to satisfy the judgment debt, the Respondent commenced garnishee proceedings by filing a motion ex parte dated the 28th of November, 2016 before the lower Court seeking for a Garnishee Order Nisi against thirteen commercial banks and the Appellant. The lower Court made the Garnishee Order Nisi on the 8th of December, 2016 attaching the monies of the judgment debtors in the possession of the thirteen commercial banks and the Appellant to the tune of ₦1.65 Million and directing the banks and the Appellant to show c…

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