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UNITED BANK FOR AFRICA v. PRIMA IMPEX NIGERIA LIMITED & ORS

(2017) JELR 38211 (CA)

Court of Appeal  •  CA/OW/130/2013  •  24 Feb 2017  •  Nigeria

Coram
MASSOUD ABDULRAHMAN OREDOLA JCA; ITA GEORGE MBABA JCA; TUNDE OYEBANJI AWOTOYE JCA;

Judgement

TUNDE OYEBANJI AWOTOYE, JCA (Delivering the Leading Judgment): This is the judgment in respect of the appeal filed by the appellant in respect of the decision of Abia State High Court delivered on 31/1/13 in Suit No. HOS/1/2011(HOS/19m/2012).

At the Lagos High Court, the Garnishor had obtained judgment against the judgment debtors. He subsequently brought an application dated 7/7/2011 and filed on 8/7/2011 seeking an order NISI against the 6 garnishees. This was granted on 25/7/2011. The applicant was the 4th garnishee. Part of the order of the lower Court was that all the 6 garnishees should appear before the Court on 20/10/2011 to show cause why the order NISI shall not be made absolute.

All the garnishees (except appellant) filed the necessary processes, appeared in Court as ordered and showed cause. Consequently, they were discharged. The 4th garnishee neither appeared in Court nor filed any Court process to show why the order NISI should not be made absolute. The Court therefore o…

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