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WEMA BANK PLC V. BRASTEM-STERR NIGERIA LTD KOSOFE LOCAL GOVERNMENT COUNCIL

(2010) JELR 51007 (CA)

Court of Appeal  •  CA/L/29/05  •  5 May 2010  •  Nigeria

Coram
PAUL ADAMU GALINJE JCA (Presided) IBRAHIM MOHAMMED MUSA SAULAWA JCA REGINA OBIAGELI NWODO JCA (Read the Lead Judgment)

Judgement

NWODO JCA (Delivering the Lead Judgment): This is an appealagainst the decision of the High Court of Lagos State made on 2 December 2004. Briefly, the facts that led to the decision are as follows: The 1st respondent as claimant in the high court commenced a suit by writ of summons and statement of claim against the 2nd respondent who was then the defendant claiming the sum of N7,304,795 (seven million,three hundred and four thousand, seven hundred and ninety-five naira) as damages for breach of contract together with interest at 35% per annum from 31 July 2002 until judgment. Judgment was entered in the suit on 8 December 2003 as per the terms of settlement dated 15 May 2003.

The 1st respondent subsequently filed an exparte application for garnishee proceedings dated 23 September 2004. The application was granted and a garnishee order nisi made. On 2 December 2004, the learned trial judge, making an order absolute, held:

“Upon hearing the applicant/judgment creditor’s counsel on …

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