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CENTRAL BANK OF NIGERIA V. AMINU UMAR & ORS.

(2021) JELR 109556 (CA)

Court of Appeal  •  CA/J/158/2020  •  19 Jul 2021  •  Nigeria

Coram
Raphael Chikwe Agbo, JCA Boloukuromo Moses Ugo, JCA Ebiowei Tobi, JCA

Judgement

BOLOUKUROMO MOSES UGO, J.C.A. (Delivering the Leading Judgment): In this appeal, Central Bank of Nigeria as appellant questions the validity of the garnishee proceedings in Suit No. BA/458/M/2019 commenced against it by first Respondent in the Bauchi State High Court as well as the garnishee Order Absolute made against it in that same proceeding by the same Court. What led to that garnishee proceedings is that first Respondent obtained money judgment against 2nd to 4th Respondents in the same High Court of Bauchi State and, in a bid to reap the benefits of that judgment, commenced the said garnishee proceedings against Central Bank of Nigeria whom he asserted was banker to 2nd to 4th respondents. That proceeding culminated in the grant of a garnishee order absolute by that Court attaching 2nd to 4th Respondents deposits with Central Bank of Nigeria, which deposits in law constitute debt owed by Central Bank of Nigeria to them. The making of that Order Absolute by the High Court of Bau…

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