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ECOBANK NIGERIA PLC v. GUARANTY TRUST BANK PLC & ORS

(2016) JELR 41044 (CA)

Court of Appeal  •  CA/L/472/2014  •  22 Mar 2016  •  Nigeria

Coram
SIDI DAUDA BAGE JCA; CHINWE EUGENIA IYIZOBA JCA; ABIMBOLA OSARUGUE OBASEKI-ADEJUMO JCA;

Judgement

ABIMBOLA OSARUGUE OBASEKI-ADEJUMO, J.C.A. (Delivering the Leading Judgment): This is an appeal against the Ruling of the High Court of Lagos State; coram Coker J., delivered on 12th February, 2014.

On the 10th of June, 2013, judgment was entered against the 2nd and 3rd Respondents as 1st and 2nd Defendants under Order 11 Rule 1 of the High Court of Lagos State (Civil Procedure) Rules 2012 as per the endorsement on the 1st Respondent's Writ of Summons and Statement of Claim dated 13th of September, 2012. By a Motion ex-parte dated 2nd September, 2013, the 1st Respondent commenced Garnishee Proceedings against the Appellant as the 10th Garnishee therein with sixteen other Garnishee Banks. Upon service of Garnishee Order Nisi dated 23rd October, 2013 granted by the lower Court on the Appellant on 4th November, 2013, the Appellant filed Affidavit to show cause dated 18th November, 2013; a Further Affidavit to show cause dated 16th January, 2014 as well as Further and Better Affidavit to sh…

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