UNIVERSITY OF PORT HARCOURT V. PROFESSOR C.S. NWADIARO & ANOR

MUHAMMAD IBRAHIM SIRAJO, J.C.A. (Delivering the Lead Judgment): Before the Federal High Court, Port Harcourt Judicial Division (the lower Court), the Appellant, as Plaintiff, instituted Suit No. FHC/PH/CS/148/2014 vide an Originating Summons, claiming against the 1st and 2nd Respondents, who were the 1st and 2nd Defendants, as follows: 

1. Declaration that the Garnishee Proceedings and Garnishee Order Absolute made on the 2/12/2010 in the Suit No: FHC/PH/CP/69/99 by this Honourable Court in the sum of N10,851,212 (Ten Million, Eight Hundred and Fifty-One Thousand, Two Hundred and Twelve Naira) not arising from the substantive judgment in the Suit No: FHC/PH/CP/69/99 nor appeal thereon in the Appeal No: CA/PH/142/2003 are therefore null and void and liable to be set aside. 

2. A Declaration that the Order Ex- Parte of this Honourable Court dated 26th February 2009 for leave to enforce the judgment of this Court in Suit. No: FHC/PH/CP/69/99 and the appeal thereon in the Appeal No: CA/PH/142/200…