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UNITED BANK FOR AFRICA V. HON. IBORO EKANEM (MD PARAGON ENT. LTD.) & ANOR

(2009) JELR 49085 (CA)

Court of Appeal  •  CA/C/75/2007  •  11 Jun 2009  •  Nigeria

Coram
KUMAI BAYANG AKAAHS JCA; NWALI SYLVESTER NGWUTA JCA; JEAN OMOKRI JCA;

Judgement

KUMAI BAYANG AKAAHS, J.C.A. (Delivering the Leading Judgment): The 1st Respondent herein was the Plaintiff in Suit No. HU/UND.28S/200Sagainst Mkpat Enin Local Government where he obtained judgment against the Defendant and was awarded N5, 000,000.00 as damages with costs assessed at N5, 000.00. The plaintiff later applied for Garnishee proceedings against the United Bank for Africa Plc, the bankers to the judgment debtor. The Garnishee proceedings were given Suit No. HU/MISC.442/2005 wherein Mkpat Enin Local Government, the judgment debtor was joined as the 2nd respondent. An Order Nisi was granted on 19/10/2005 which was served on the UBA to appear before the High Court to show cause why the Order Nisi should not be made absolute. The garnishee did not file an Inter pleader summons so the Order Nisi was made Absolute and served on the Bank. This led to the immediate attachment of the Bank's properties which compelled the Bank to issue a draft in the judgment sum of N5, 000,000.00 in …

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