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SKYE BANK PLC v. OKENE A. DAVID & ORS

(2014) JELR 36397 (CA)

Court of Appeal  •  CA/K/265/2011  •  21 Mar 2014  •  Nigeria

Coram
ABDU ABOKI JCA; ITA G. MBABA JCA; THERESA NGOLIKA ORJI-ABADUA JCA;

Judgement

ITA G. MBABA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of Kaduna State High Court in suit No. KDH/KAD/955/2011, delivered by Hon. Justice Dogara Mallam on 29/7/2011, wherein his lordship made an order nisi for the payment of judgment sum of N6,949,000.00 (Six Million Nine Hundred and Forty Nine Thousand Naira), absolute, against the Appellant, who was the Garnishee at the Lower Court, in favour of the 1st to 20th Respondents.

The 1st to 20th Respondents had obtained judgment against the 21st and 22nd Respondents in a suit in the sum of N6,949,000.00 and had taken out his suit (KDH/KAD/955/2011) at the Lower Court to recover the amount from the Garnishee (now Appellant) who custodied the money of the 21st and 22nd Respondents.

Upon the service of the Order Nisi on the Appellant, Appellant filed affidavit to show cause why the Order Nisi should not be made absolute, attaching the statement of the account of the 21st and 22nd Respondents with the A…

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