SKYE BANK PLC V. CORNELIO COLOMBARA & G. CAPPA PLC

SAMUEL CHUKWUDUMEBI OSEJI, J.C.A. (Delivering the Leading Judgment): This appeal is against the Ruling of the High Court of Lagos State delivered by Y. A. Adesanya J. on 25/6/2009 in suit No.ID/272/2005 wherein a garnishee Order Nisi for the sum of US$52,441.97 and N1,600,472,32 was made absolute.

The 1st Respondent herein had as Claimant in the Lower Court filed a writ of summons and a statement of claim dated 17/5/2005 against the 2nd Respondent (as defendant) claiming the sum of $52,441,47 and N1,600,472,32 being offshore and onshore entitlements due to the 1st Respondent from the 2nd Respondent and interest in the above sum at 10% per annum from 31/7/2003 till judgment is delivered.

In a judgment delivered on the 25/6/2009 the Lower Court dismissed the 2nd Respondent's Counter-claim and entered judgment in favour of the 1st Respondent (as claimant) in the sum of $52,441,97 and N1,600,472 and interest thereon at the rate of 10% per annum from 31/7/2003 till 25/6/2009 and thereafte…