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CENTRAL BANK OF NIGERIA v. UMAR SAJO & 2 ORS

(2020) JELR 87238 (CA)

Court of Appeal  •  CA/YL/149/2018  •  16 Jul 2020  •  Nigeria

Coram
CHIDI N. UWA, JCA JAMES S. ABIRIYI, JCA ABDULLAHI M. BAYERO, JCA

Judgement

JAMES S. ABIRIYI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the ruling delivered on 29th July 2019 in the High Court of Adamawa State holden at Yola. The 1st Respondent had earlier instituted an action against the 2nd and 3rd Respondents in the High Court (Court below) and obtained judgment against them. In the process of enforcement or execution of the judgment against the 2nd and 3rd Respondents, the 1st Respondent commenced garnishee proceedings against the appellant and two other banks.

Both the order nisi and the order absolute were made against the appellant in its absence. However, it applied immediately after the order absolute was made by the Court below for both orders to be set aside mainly on the grounds that the application for the order absolute was heard and determined less than fourteen days after it had been served with the order nisi and hearing notice and that the consent of the Attorney General of the Federation had not been obtained beforeā€¦

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