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FIRST BANK OF NIGERIA PLC v. UCHE UGWU & ANOR

(2017) JELR 37923 (CA)

Court of Appeal  •  CA/E/396/2008  •  23 Jun 2017  •  Nigeria

Coram
IGNATIUS IGWE AGUBE JCA; TOM SHAIBU YAKUBU JCA; MISITURA OMODERE BOLAJI-YUSUFF JCA;

Judgement

TOM SHAIBU YAKUBU, J.C.A.(Delivering the Leading Judgment): This is an appeal against the ruling of the Enugu State High Court of Justice, holden at Enugu, delivered on 20th September, 2006. The appellant had filed a motion on notice on 29th October, 2004 wherein she prayed for an order of Court setting aside the Garnishee Order Nisi and Garnishee Order Absolute made by another judge of the same Enugu State High Court of Justice, holden at Enugu on 27th March, 2001 and 8th October, 2004, respectively.

The learned trial judge, upon a preliminary objection taken by the 1st respondent, to the effect that he/the Court, had no jurisdiction to entertain the appellant/applicants motion on notice aforesaid, on the ground amongst others, that the court was functus offico, after his decision on 8th October, 2004; dismissed the applicants motion on notice of 29th October, 2004. The appellant, dissatisfied with the ruling against her, filed an amended notice of appeal, anchored on six grounds of a…

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