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F.B.N PLC V. AMANYI & ORS.

(2020) JELR 91626 (CA)

Court of Appeal  •  CA/MKD/118/2015  •  11 Jun 2020  •  Nigeria

Coram
IGNATIUS IGWE AGUBE, J.C.A. ONYEKACHI AJA OTISI, J.C.A. JOSEPH EYO EKANEM, J.C.A.

Judgement

OTISI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of the Federal High Court, Makurdi Division, delivered on March 5, 2014, Coram Binta F.M. NyakoJ., in which a garnishee order nisi made on 12/2/2014 was made absolute.

The facts leading to this appeal are, in summary, as follows: The 1st - 4th respondents herein were the applicants in Fundamental Rights proceedings, suit no. FHC/MKD/CS/14/2012, instituted at the trial court in which judgment was given in favour of the applicants against the 5th-7th respondents herein jointly and severally. The said judgment gave rise to garnishee proceedings against the appellant therein as the garnishee. The 1st-4th respondents as the judgment creditors had filed a post-judgment ex parte application seeking the following reliefs:

1. A garnishee order nisi attaching the sum of Five Million Naira (₦5,000,000.00) only, being judgment debt standing in favour of the applicants as at 3rd July 2012, due and accruing to the…

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