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FELIMON ENTERPRISES NIGERIA LIMITED v. THE CHAIRMAN, ECONOMIC FINANCIAL CRIMES COMMISSION & ANOR

(2013) JELR 36050 (CA)

Court of Appeal  •  CA/L/987/2010  •  18 Jan 2013  •  Nigeria

Coram
ADAMU JAURO JCA; RITA NOSAKHARE PEMU JCA; FATIMA OMORO AKINBAMI JCA;

Judgement

RITA NOSAKHARE PEMU, J.C.A. (Delivering the Leading Judgment): This appeal is against the decision of Honourable Justice A. Ajakaiye delivered on the 6th day of July, 2010, in which he refused to discharge, or set aside, the motion ex-parte for interim attachment of the Appellant's properties and assets (pages 324-325 of the Record of Appeal).

SYNOPSIS OF THE FACTS

The Appellant was Applicant at the lower Court. Sometime in October 2009, the 2nd Respondent was arraigned on a 26 counts charge. He was granted bail. Thereafter the charge was substituted for an amended charge of 44 counts. The 2nd Respondent was to continue on the former bail terms.

The 1st Respondent filed an application ex-parte, seeking inter alia, to attach and freeze some accounts affiliated to the 2nd Respondent, one of which belonged to the Applicant. The lower Court granted the application on the 1st of March, 2010.

The Appellant filed a motion dated 17th of March, 2010 on the 19th of March, 2010, praying the Cou…

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