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IFEANYI CHUKWU OKONKWO v. CENTRAL BANK OF NIGERIA

(2010) JELR 47219 (CA)

Court of Appeal  •  CA/E/211/2008  •  4 Nov 2010  •  Nigeria

Coram
AMINA ADAMU AUGIE JCA; AYOBODE LOKULO-SODIPE JCA; SAMUEL CHUKWUDUMEBI OSEJI JCA;

Judgement

AYOBODE OLUJIMI LOKULO-SODIPE, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment delivered on 18th February, 2008 by Hon. Justice A. O. Fabi of the Enugu Judicial Division of the Federal High Court of Nigeria in SUIT NO: FHC/EN/CS/139/2006 - IFEANYICHUKWU OKONKWO V. CENTRAL BANK OF NIGERIA. The learned trial Judge dismissed the action for being a gross abuse of court process.

The Appellant being the Plaintiff at the Federal High Court (hereinafter simply referred to as "the lower court") commenced an action against the Respondent herein, by Originating Summons. The question which the Appellant seeks for its determination in the originating summons reads thus:-

"In purview of Garnishee Order Nisi dated 19/5/2006 Exhibit 'A', the Defendant's Affidavit dated 19/5/2006 (sic) Exhibit 'B', the Garnishee Order absolute dated 19/7/2006 Exhibit 'C', constructing them with statutory duty imposed on the Defendant Bank by the community reading of sections 83, 85, 86 an…

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