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HERITAGE BANK LIMITED v. INTERLAGOS OIL LIMITED & ANOR

(2018) JELR 42002 (CA)

Court of Appeal  •  CA/A/604/2016  •  20 Mar 2018  •  Nigeria

Coram
ABDU ABOKI JCA; TINUADE AKOMOLAFE-WILSON JCA; EMMANUEL AKOMAYE AGIM JCA;

Judgement

ABDU ABOKI, J.C.A. (Delivering the Leading Judgment): The 1st Respondent herein, commenced this action at the High Court of the Federal Capital Territory, sitting in Abuja (hereinafter referred to as the Trial Court), under the Undefended List procedure, against the 2nd Respondent for a liquidated sum and upon the admission of partial indebtedness by the 2nd Respondent of the sum of ₦68,942,475.00 (Sixty-Eight Million, Nine Hundred and Forty-Two Thousand, Four Hundred and Seventy-Five Naira) only, the Trial Court entered judgment against the 2nd Respondent for the said amount.

The 1st Respondent, in its bid to reap the fruits of its judgment, commenced a garnishee proceeding against the Appellant (the 15th Garnishee), amongst other garnishees.

Upon being served with the garnishee order nisi, the Appellant filed its affidavit, it admitted that the 2nd Respondent maintained several accounts with it. The Appellant also attached several documents as statements reflecting the sums standing t…

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