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SKYE BANK PLC V. YAVAT B. DAVID & ORS

(2016) JELR 41687 (CA)

Court of Appeal  •  CA/K/99/2013  •  20 May 2016  •  Nigeria

Coram
IBRAHIM SHATA BDLIYA JCA; HABEEB ADEWALE OLUMUYIWA ABIRU JCA; AMINA AUDI WAMBAI JCA;

Judgement

AMINA AUDI WAMBAI, J.C.A.(Delivering the Leading Judgment): In the Garnishee proceedings at the High Court of Kaduna State sitting at Kaduna, before Hon. Justice Isa Aliyu (now called the Lower Court) in suit No. KDH/KD/941/2010 in which the 1st, 2nd and 3rd Respondents were the Judgment creditors and the 4th and 5th Respondents were the Judgment Debtors, the Appellant was the Garnishee against whom a garnishee order Nisi was made. on the 19th January, 2011 (19/01/2011), the Order Nisi was made absolute against the Appellant. The Appellant's application to have the Order absolute set aside was dismissed on the 19th January, 2012 (19/012012). This appeal is against the Rulings of the 19/01/2011 making the Nisi Order absolute and that of 19/01/2012 refusing to set aside the Order absolute.

The Appellant commenced this appeal by a Notice filed by its Counsel, Anigbogu Jude Obinna Esq. on the 21st February, 2013 which was by leave of this Court amended on the 01/07/2015. The amended Noticeā€¦

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