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GUARANTY TRUST BANK PLC V. ENGR. MUSA BAMANGA TAFIDA & ARCH. DEWU MOHAMMED

(2021) JELR 109296 (CA)

Court of Appeal  •  CA/K/281/2017  •  8 Oct 2021  •  Nigeria

Coram
Fatima Omoro Akinbami, JCA Abubakar Mahmud Talba, jCA Peter Oyinkenimiemi Affen, JCA

Judgement

PETER OYINKENIMIEMI AFFEN, J.C.A. (Delivering the Leading Judgment): 

Introduction

The relative convenience and efficacy of garnishee proceedings as a process of enforcing monetary judgments commend it as the option of first resort for judgment creditors and their legal counsel. But the severely limited scope of garnishee proceedings is the subject of a great deal of misapprehension, and its attractiveness is fast becoming its bane in Nigerian jurisprudence. This appeal stems from a garnishee order absolute granted by the High Court of Kaduna State (Coram: David Wyoms, J.) on 12th July 2016 in Suit No. KDH/KAD/188/08: Engr. Musa Bamanga Tafida v. Arch. Dewu Mohammed. The 1st Respondent herein [Engr. Musa Bamaga Tafida], having obtained judgment in the sum of N35,000,000.00 (Thirty Five Million Naira) against the 2nd Respondent [Arch. Dewu Mohammed], commenced garnishee proceedings against nineteen (19) commercial banks, including the Appellant [Guaranty Trust Bank] as 13th Garnishee. In…

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