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UNITED BANK FOR AFRICA PLC v. HON. IBORO EKANEM (MD PARAGON ENG. LTD) & MKPAT ENIN LOCAL GOVERNMENT

(2009) JELR 47388 (CA)

Court of Appeal  •  CA/C/74/2007  •  11 Mar 2009  •  Nigeria

Coram
KUMAI BAYANG AKAAHS JCA; JEAN OMOKRI JCA; THERESA NGOLIKA ORJI-ABADUA JCA;

Judgement

THERESA NGOLIKA ORJI-ABADUA, J.C.A. (Delivering the Leading Judgment): This appeal emanated from the decision of the lower Court dismissing the application filed by the Appellant on 12/12/2005 seeking firstly, the leave/permission of the lower Court for the Appellant not to give value to the Bank Draft in the sum of ₦5 million it issued to the bailiff and secondly that the sum of ₦500 it paid to the bailiffs be returned to it, pending the determination of the Motion for stay of execution of the main judgment and the one for stay of execution of the Order Absolute filed by the Judgment Debtor.

In dismissing the said Motion, the lower Court held thus:

"It could be seen that the Garnishee in the instant case did not appeal against the Order Absolute made against it and did not file any motion for a stay of execution of the said order, then its refusal to obey the Garnishee Order Absolute by refusing to give value to the Bank Draft it earlier issued to the Judgment Creditor clearly shows …

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