GUARANTY TRUST BANK PLC V. NIGERIA DEPOSIT INSURANCE CORPORATION
(2018) JELR 39240 (CA)
Court of Appeal
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CA/L/1100/2016
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3 May 2018
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Nigeria
Coram
JOSEPH SHAGBAOR IKYEGH JCA;
YARGATA BYENCHIT NIMPAR JCA;
UGOCHUKWU ANTHONY OGAKWU JCA;
Appearances
M. K. Ogidiagba, Esq. For Appellant
Chief P. N. Umeh with him, M. C. Ike, Esq. For Respondent
Judgement
<p>UGOCHUKWU ANTHONY OGAKWU, J.C.A. (Delivering the Leading Judgment): This appeal is against the garnishee order made absolute against the Appellant by the High Court of Lagos State, Coram Judice: Nicol-Clay, J. on 7th May, 2013. The pertinent facts are that on 26th March 2013 a garnishee order nisi was made and on the return date of 24th April, 2013, the lower Court further adjourned the matter to 7th May 2013 on the ground that the Appellant was still within time to make a return to the order nisi. On the adjourned date of 7th May 2013, the lower Court proceeded to make the order nisi absolute, consequent upon the failure by the Appellant to make a return to the show why the order should not be made absolute.</p><p>The Appellant was dissatisfied, and after an unsuccessful application for the lower Court to set aside the order absolute, it appealed, pursuant to the leave of this Court granted on 30th September, 2016. The extant Notice of Appeal on which the Appeal was argued is the Amended No…</p>