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VITACHEM NIGERIA LIMITED V. DSM SINOCHEM PHARMACEUTICALS INDI PRIVATE LIMITED

(2017) JELR 37689 (CA)

Court of Appeal  •  CA/L/478A/2015  •  27 Oct 2017  •  Nigeria

Coram
MOHAMMED LAWAL GARBA JCA; YARGATA BYENCHIT NIMPAR JCA; UGOCHUKWU ANTHONY OGAKWU JCA;

Appearances
Chioma Okwuanyi with him, Indeon Igwuchuike For Appellant Folabi Kuti with him, Babatunde Ogala For Respondent

Judgement

MOHAMMED LAWAL GARBA, JCA (Delivering the Leading Judgment): After obtaining a summary judgment against the Appellant in Suit No. ID/ADR/126/2014 from the High Court of Lagos State, on the 24th November, 2014, the Respondent commenced Garnishee proceedings on the 1st December, 2014 against some banks believed to have accounts operated by the Appellant.

On the 5th December, 2014, the Appellant filed a motion for an order to set aside the judgment, on the 10th December, 2014, the High Court made a Garnishee Order Nisi against the said banks and on the 23rd December, 2014, the Appellant filed another motion and a counter affidavit to the garnishee proceedings, dated 16th February, 2015, praying that the Garnishee Order Nisi be set aside.

The above named motions were heard on the 2nd March, 2015 and on the 16th April, 2015, the High Court dismissed the two (2) motions filed by the Appellant and made Garnishee order Nisi, absolute.

This appeal is against the dismissal of the motion filed on t…

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