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UNION BANK OF NIGERIA PLC. V. BONEY MARCUS IND. LTD.& ORS.

(2005) JELR 45163 (SC)

Supreme Court  •  SC.22/2001  •  8 Jul 2005  •  Nigeria

Coram
IDRIS LEGBO KUTIGI JSC; ALOYSIUS IYORGYER KATSINA-ALU JSC; AKINTOLA OLUFEMI EJIWUNMI JSC; DAHIRU MUSDAPHER JSC; SUNDAY AKINOLA AKINTAN JSC;

Judgement

KATSINA-ALU, J.S.C. (Delivering the Leading Judgment): At the High Court of Abia State in the Osisioma Judicial Division, Boney Marcus Industries Limited as plaintiff, commenced an action against Nichimen Co. Nigeria Limited as defendant in suit No. HOS/229/96. Judgment was given in favour of the plaintiff on 19 May, 1997.

In due course, the plaintiff filed garnishee proceedings praying that it be paid the judgment debt in the hands of Met come Nigeria Limited and Union Bank Nigeria Plc as garnishees.

On 17th February, 1998 the High Court gave a ruling. In it, the High Court ordered as follows:

"It is hereby ordered, pursuant to section 85 of the Sheriffs and Civil Process Law Cap. 118. Laws of Eastern Nigeria, 1963 applicable in Abia State, that the money belonging to the judgment debtor in possession of the 1st garnishee which money is in the 1st garnishee's account with the 2nd garnishee be attached to satisfy the judgment debt, together with the costs of the garnishee proceedin…

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