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NIGERIA AGIP OIL COMPANY LIMITED v. PETER OGINI & ORS

(2017) JELR 37852 (CA)

Court of Appeal  •  CA/PH/473/2008  •  24 Apr 2017  •  Nigeria

Coram
RAPHAEL CHIKWE AGBO JCA; AYOBODE OLUJIMI LOKULO-SODIPE JCA; TUNDE OYEBANJI AWOTOYE JCA;

Judgement

RAPHAEL CHIKWE AGBO, J.C.A. (Delivering the Leading Judgment): On 4th December 2006, the High Court of Imo State delivered judgment in Suit No. HOU/22/2001 in favour of 1st to 4th Respondents in the sum of N180,260,000.00 (One Hundred and Eighty Million, Two Hundred and Sixty Thousand Naira) against the Appellant. On 12-3-2008 the judgment creditors obtained an order nisi attaching the judgment sum in the judgment debtors account with the United Bank for Africa Plc which is the garnishee. The Appellant applied to the High Court to be joined as a party to the garnishee proceedings which application was granted. This application was filed on 31-3-2008. On 23-6-2008 the High Court of Imo State made the garnishee order absolute. The Appellant approached this Court with an amended notice of appeal setting out four grounds of appeal to wit: -

Ground Number One

The Learned trial judge erred in law when he held that the garnishee order nisi granted on 12 March 2008 be made absolute, when the ga…

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