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WEMA BANK PLC v. BRASTEM-STERR NIGERIA LTD. & ANOR.

(2010) JELR 47525 (CA)

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

Coram
HON. JUSTICE PAUL ADAMU GALINJE JCA; HON. JUSTICE IBRAHIM MOHAMMED MUSA SAULAWA JCA; HON. JUSTICE REGINA OBIAGELI NWODO JCA;

Judgement

REGINA OBIAGELI NWODO, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of the High Court of Lagos State made on the 2nd November, 2004. Briefly the facts that lead 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 31st of July, 2002 until Judgment. Judgment was entered in the suit on the 8th of December, 2003 as per the terms of settlement dated 15th of May, 2003.

The 1st Respondent subsequently filed an ex-parte application for garnishee proceedings dated 23rd September, 2004. The application was granted and a garnishee order nisi made. On the 2nd of November, 2004 the learned Trial Judge making an order absolute held…

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