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NIGERIA AGIP OIL COMPANY LIMITED V. GODSTIME HART & ORS

(2018) JELR 39062 (CA)

Court of Appeal  •  CA/PH/201/2015  •  22 May 2018  •  Nigeria

Coram
ALI ABUBAKAR BABANDI GUMEL JCA; ISAIAH OLUFEMI AKEJU JCA; CORDELIA IFEOMA JOMBO-OFO JCA;

Appearances
T. J. Krukrubo, Esq. with him, S. M. Tsado, Esq. For Appellant F. F. Sada, Esq. with him, Mrs. Grace Ahiakwo for 1st - 7th respondents.H. E. Ndubuokwu, Esq. - for 8th respondent.Paul Ephraim, Esq. - for 10th respondent. 9th respondent in spite of Hearing Notice issued on it on 15th February, 2018 was not represented in Court by counsel at the hearing of the appeal. For Respondent

Judgement

CORDELIA IFEOMA JOMBO-OFO, J.C.A. (Delivering the Leading Judgment): This appeal is against the decision of the Federal High Court (hereinafter referred to as the lower Court), per Hon. Justice U. N. Agomoh J., delivered 9th April, 2014. In the aforesaid decision the lower Court granted a garnishee order nisi in favour of the 1st 7th respondents for the purposes of attaching the monies of the appellants in the custody of the 8th to 10th respondents in satisfaction of the judgment debt in suit No. FHC/PH/CS/75/2003. (See page 319 of the record of appeal).

STATEMENT OF FACTS

The 1st 7th respondents (judgment creditors) on 26th March, 2014 by way of an ex-parte application commenced a garnishee proceedings against the appellant (judgment debtor) and the other respondents, claiming monetary compensation for oil spillage which occurred at the appellants oil facility on 15th July, 2000. At the conclusion of hearing, the learned trial Judge entered judgment in favour of the said 1st 7th respon…

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