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CENTRAL BANK OF NIGERIA v. CHIEF OBLA UBANA & ORS

(2016) JELR 36986 (CA)

Court of Appeal  •  CA/A/302/2013  •  19 Apr 2016  •  Nigeria

Coram
MOORE ASEIMO A. ADUMEIN JCA; TANI YUSUF HASSAN JCA; MOHAMMED MUSTAPHA JCA;

Judgement

MOHAMMED MUSTAPHA, J.C.A. (Delivering the Leading Judgment):This is an appeal by the garnishee/appellant against the decision of the Federal Capital Territory High Court Abuja presided over by Honourable Justice Chizoba N. Orji, delivered on the 28th of February, 2013 by an amended notice of appeal filed on the 1st of July, 2013 on four grounds as follows:

GROUND ONE:

The learned trial Judge erred in law when she held:

"I have considered the affidavit and submission of both learned counsel. It is clear that though there appears to be a conflict in affidavit to show cause and the further affidavit to show cause on one hand and the judgment creditor further and better affidavit to Garnishee, affidavit to show cause on the other hand, a close security of both sets of affidavit shows that the garnishee does not dispute that a Federal (sic) account exists with the Garnishee out of which monthly disbursements are made to each state including Cross River State Government. I am therefore in agreā€¦

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