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DELTA STATE GOVERNMENT v. KAY QUE INVESTMENT LIMITED & ANOR

(2018) JELR 38516 (CA)

Court of Appeal  •  CA/L/791/2014  •  20 Apr 2018  •  Nigeria

Coram
TIJJANI ABUBAKAR JCA; BIOBELE ABRAHAM GEORGEWILL JCA; JAMILU YAMMAMA TUKUR JCA;

Judgement

TIJJANI ABUBAKAR, JCA (Delivering the Leading Judgment): This is an appeal against the Judgment of the High Court of Lagos State delivered by Olayinka J. (Mrs.) on the 11th day of July, 2013. The Judgment is found at pages 15-16 of the Records of Appeal. The facts grounding this appeal are that the lower Court on the 11th day of July, 2013 made a Garnishee Order Absolute following a Garnishee Order Nisi made by the Court on the 10th day of September 2012, after the Garnishee Order Nisi was made and before the Garnishee Order Absolute, the Appellant (Judgment-Debtor) filed an Application dated 23rd November, 2012 seeking to set aside the Order Nisi, and on the 18th day of March, 2013, the lower Court dismissed the Appellant's (Judgment-Debtor's) Application to set aside the Order Nisi. Consequently, the Appellant (Judgment-Debtor) filed an appeal against the Ruling of the lower Court refusing to set aside the Garnishee Order Nisi.

The Appellant also filed a Motion dated 2nd April, 2013 …

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