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GUARANTY TRUST BANK PLC v. INNOSON NIGERIA LIMITED

(2014) JELR 42372 (CA)

Court of Appeal  •  CA/I/258/2011  •  6 Feb 2014  •  Nigeria

Coram
MONICA BOLNA'AN DONGBAN-MENSEM JCA; CHIDI NWAOMA UWA JCA; OBIETONBARA DANIEL-KALIO JCA;

Judgement

CHIDI NWAOMA UWA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the order absolute made by the Federal High Court sitting at Ibadan, presided over by Shakarho, J. on 29th July, 2011 against the Appellant and two others (Zenith Bank PLC and Afribank (now Mainstreet Bank).

The trial court ordered the banks to release from the Nigerian Customs Service Board (the 1st Judgment debtor's) account the sums in those accounts in satisfaction of the judgment debt which stood at N2, 048,737,443.67 (Two Billion, Forty-Eight Million, Seven Hundred and Thirty Seven Thousand, Four Hundred and Forty Three Naira, Sixty Seven kobo) as per the Judgment creditor's further affidavit No. 3 of 8th June, 2011.

The background facts on the Appellant's part are that the Respondent in this case obtained judgment in the sum of N700,220,000.00 against the Nigerian Customs Service Board, thereafter the respondent obtained a garnishee order nisi against the Appellant and other banks named aboveā€¦

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