ISOKO COMMUNITY BANK LIMITED V. EDOFREN NIGERIA LIMITED & ORS

SAMUEL CHUKWUDUMEBI OSEJI, J.C.A. (Delivering the Leading Judgment): This appeal is against the Ruling of the High Court of Delta State sitting in Oleh and delivered on the 18th day of March, 2014 in favour of the 1st Respondent herein. The facts leading to this appeal is that on the 17/6/2013 judgment was delivered by the lower Court in Suit No. HCO/11/2005 in favour of the claimant (now the Appellant) against the Defendants including the 7th Defendant who guaranteed the loan facility to the 1st Defendant. The said 7th Defendant (Ebore French) is a majority shareholder and Director of the 1st Respondent.

As a judgment creditor, the Appellant herein caused the judgment to be executed on the properties of the 1st Defendant, London Obuzor (now late) as well as attached the goods of the 1st Respondent.

This prompted the 1st Respondent to initiate an inter pleader process by filing an application in the lower Court on the 4/7/2013 seeking the following orders:-

1. An order of this Honourable…