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MAINSTREET BANK LIMITED v. UNITED BANK FOR AFRICA PLC

(2014) JELR 36298 (CA)

Court of Appeal  •  CA/L/641/2012  •  3 Dec 2014  •  Nigeria

Coram
RITA NOSAKHARE PEMU JCA; TIJJANI ABUBAKAR JCA; JAMILU YAMMAMA TUKUR JCA;

Judgement

RITA NOSAKHARE PEMU, J.C.A. (Delivering the Leading Judgment): By motion ex-parte for Garnishee Order, brought pursuant to Section 83 of the Sheriffs and Civil Process Act, Cap. 56 LFN 2004 and Order VIII Rule 2 of the Judgment (Enforcement) Rules dated 19th January, 2012 the Plaintiff had sought an order of Court ex-parte for the following:

(a) A Garnishee Order nisi that all sum standing to the credit of the Judgment Debtors and or all debts due or accruing from the above-mentioned Garnishees to the Judgment Debtors or so much thereof as may be sufficient to satisfy the amount remaining unpaid on the Judgment debt herein, being the sum of N326,266,141.34 (Three Hundred and Twenty Six Million, Two Hundred and Sixty Six Thousand, One Hundred and Forty One Naira, Thirty Four Kobo only) representing the total outstanding balance on the loan facility advanced to the Judgment Debtors in July 2000 as at 31st May, 2009 together with interest on the said sum at the rate of 10% per annum from…

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