DR. CHRIS ASOLUKA V. ASSOCIATION OF LOCAL GOVERNMENTS OF NIGERIA (ALGON) & 14 ORS.
(2022) JELR 112356 (CA)
Court of Appeal
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CA/ABJ/CV/937/2020
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19 May 2022
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Nigeria
Coram
STEPHEN JONAH ADAH, JCA
E.O. WILLIAMS-DAWODU, JCA
DANLAMI ZAMA SENCHI, JCA
Appearances
K.C.O Njemanze, SAN, with: Ramat Isa Oguta Esq., and C.C. Tom Onukwugha Esq., for the Appellant.
O.C. Uju-Azonji Esq., for the 1st Respondent.
S.I. Ameh, SAN, with: J.S. Okutepa, SAN, Dr. Garba Tetengi, SAN, A.O. Akinboro, SAN, Christopher lloka Esq., and C.L. Keudeoba Esq., for the 2nd Respondent.
Chief C.P. Oli Esq., with: L.K. Onyemkpa Esq., for the 13th Respondent.
Peter Eriuwode Esq., with: Adachukwu Ezeofor Esq., for the 3rd Respondent.
B.K. Barikpoa Esq., for the 2nd Respondent.
U.C. Ndubuisi Esq., for the 5th Respondent.
1st, 6th, 9th and 12th Garnishee Respondents, served but not represented.
4th, 7th, 8th, 10th, and 11th Garnishee Respondents, served but not represented.
Judgement
<p style="text-align: justify"><strong>STEPHEN JONAH ADAH, JCA (Delivering the Leading Judgement): </strong>This appeal is against the Ruling of the High Court of the Federal Capital Territory, Abuja, delivered on 8th September, 2020 in <strong>Suit No: FCT/HC/0217/2017.</strong></p><p style="text-align: justify">The facts in brief are that on 6th August, 2020, the Appellant/Judgment Creditor applied by a Motion Ex-Parte brought pursuant to Section 83 Sheriffs and Civil Process Act, under Order 46 Rules 1 and 2 of the High Court of the Federal Capital Territory (Civil Procedure) Rules 2018 seeking to enforce the Judgment by way of Garnishee Proceedings against the Garnishees/Respondent for the following Orders:</p><blockquote><p style="text-align: justify"><strong>1. An Order that all monies, debts owing or accruing due from the above named Garnishee in their offices in the Federal Capital Territory Abuja to the above named judgment Debtor (including monies and funds in judgment Debtors account number 5030081859 with Fidelity Bank Pie; monies and funds in judgment Debtors account number 0720380244 with Access Pie; and monies and funds iā¦</strong></p></blockquote>