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UNION BANK OF NIGERIA PLC v. UWA PRINTERS NIGERIA LIMITED & ORS

(2014) JELR 33163 (CA)

Court of Appeal  •  CA/C/233/2011  •  27 Mar 2014  •  Nigeria

Coram
MOHAMMED LAWAL GARBA JCA; UZO I. NDUKWE-ANYANWU JCA; ONYEKACHI A. OTISI JCA;

Judgement

ONYEKACHI A. OTISI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the ruling of the High Court of Akwa Ibom State, Eket Judicial Division delivered on 9th May, 2011.

The facts leading to this appeal are as follows: The 1st and 2nd Respondents were the Judgment Creditors in Suit No HEK/139/2002, in which judgment was delivered on 10th June, 2008. The judgment sum was N515,000,000.00 (five hundred and fifteen million Naira) and costs of N40, 000.00 (forty thousand Naira). The Judgment Creditors/1st and 2nd Respondents filed a motion ex parte, Suit No: HEK/Misc. 12/2009, pursuant to Section 83(1) of the Sheriff and Civil Process Act, seeking an order that a Garnishee Order Nisi be made against the Garnishee, who is the 3rd Respondent in this appeal, for recovery of the said judgment debt. The Garnishee Order Nisi was granted by the learned trial Judge Ita Mbaba, J. (as he then was) on 18th March, 2009.

The Garnishee, in compliance with the order, duly debited the a…

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