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ECOBANK PLC v. REV. (ENGR) ANDREW AKAEHOMEN

(2017) JELR 37695 (CA)

Court of Appeal  •  CA/PH/221/2015  •  4 May 2017  •  Nigeria

Coram
OYEBISI FOLAYEMI OMOLEYE JCA; JAMES SHEHU ABIRIYI JCA; SAIDU TANKO HUSAINI JCA;

Judgement

JAMES SHEHU ABIRIYI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the ruling delivered on 4th April, 2014 in the High Court of Rivers State holden at Port Harcourt.

The Respondent as judgment creditor obtained a garnishee order nisi against the appellant among seven other banks in an attempt to execute a judgment in the High Court of Rivers State against four judgment debtors.

In its affidavit to show cause the Appellant deposed that from their records they had five accounts in the name of Ugboh Emmanuel domiciled in various branches and wanted actual account details of the said Ugboh Emmanuel who was the 3rd judgment debtor.

After getting the further details, the Appellant in a further and better affidavit showing cause, in paragraph 8 of that affidavit deposed that the said 3rd judgment Debtor did not have a personal account in the name of Emmanuel Ugboh in the Appellant Bank.

In spite of the Appellants further affidavit to show cause wherein it stated that the sa…

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