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SKYE BANK PLC v. PRIMA IMPEX NIGERIA LIMITED

(2018) JELR 42008 (CA)

Court of Appeal  •  CA/E/251/2015(R)  •  29 Jun 2018  •  Nigeria

Coram
IGNATIUS IGWE AGUBE JCA; JOSEPH TINE TUR JCA; MISITURA OMODERE BOLAJI-YUSUFF JCA;

Judgement

MISITURA OMODERE BOLAJI-YUSUFF, J.C.A. (Delivering the Lead Ruling): Prima Impex Nigeria Limited, the respondent in this appeal instituted suit no. LD/604/05 at the High Court of Lagos State, Lagos Judicial Division and obtained a summary judgment on 7/2/2007 for the sum of N4,980,000 (Four Million Nine Hundred And Eighty Thousand Naira) being the cost of the goods supplied and delivered to Joemex Chemicals and Allied Distributors Limited with interest thereon at the rate of 21% per annum form 8th February, 2003 till the day of the judgment and thereafter at the rate of 4% per annum until full liquation of the judgment debt. A certified true copy of the judgment and a warrant of writ of execution were resealed in the High Court of Anambra State. The appellant by a motion filed on 10/4/13 commenced garnishee proceedings to enforce the judgment. An order of garnishee nisi was obtained against 13 Garnishees including Mainstreet Bank that was listed as the 8th garnishee on 18/1/2013.

The o…

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