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HABIB NIGERIA BANK LIMITED v. WAHAB OPOMULERO & ORS.

(2000) JELR 43808 (CA)

Court of Appeal  •  CA/I/M.184/95  •  9 Mar 2000  •  Nigeria

Coram
ALOMA MARIAM MUKHTAR JCA; MORONKEJI OMOTAYO ONALAJA JCA; DALHATU ADAMU JCA;

Judgement

ADAMU, J.C.A. (Delivering the Leading Judgment): This appeal arose from an order of garnishee absolute made at the instance of 1st - 11th respondents by Edet J. of the Federal High Court sitting at Ibadan on 30th November, 1995. A judgment had been entered for the plaintiff. Wahab Opomulero (i.e. 1st respondent herein) against the defendants - Food Oils Limited and 2 Ors. namely Ayodele Subair and Adewale Subair. In the said judgment dated 3/11/94 which was in Suit No.FHC/IB/3/93 the court awarded N249,936.00 in favour of the plaintiff against the 3 defendants jointly and severally. After the judgment was delivered on 3/11/94, the learned Counsel for the plaintiff applied orally for the consolidation of the judgment with other 9 cases with similar facts and pending in the said court. The court granted the application and ordered that the judgment just delivered to 'apply to all the consolidated cases mentioned above'. This increased the judgment debt to N2,735,127.73 payable to the pl…

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