UBA PLC V. HALILU & ANOR

ITA GEORGE MBABA, J.C.A. (Delivering the Leading Judgment): Appellant filed this Appeal against the decision of the Federal High Court, Kano in Suit No. FHC/KN/CS/33/2011, delivered on 19th November, 2018 by Hon. Justice A.L. Allagoa, wherein the learned trial Judge refused to set aside the Garnishee Order Absolute it earlier entered on 5/11/2018 against Appellant – as Applicant. 

The Application was brought on two grounds, namely: 

(a) That the Applicant’s Counsel erroneously disclosed that Appellant has enough funds in its custody to satisfy the judgment debt.

(b) That the Appellant has only the sum of N1,120,906.95 belonging to the judgment debtor. 

The Judgment Debtor was the 2nd Respondent and the Judgment Creditor, the 1st Respondent. Appellant was the Garnishee. It was the Judgment Creditor who initiated the garnishee proceedings against the Appellant (as 3rd Garnishee) and others, and the Judgment Debtor. 

After hearing the arguments of the parties and reviewing the case presented…