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ZENITH BANK PLC v. ALHAJI MANU KANO & ORS

(2016) JELR 36958 (CA)

Court of Appeal  •  CA/YL/103/2014  •  25 Jan 2016  •  Nigeria

Coram
JUMMAI HANNATU SANKEY JCA; SAIDU TANKO HUSSAINI JCA; BIOBELE ABRAHAM GEORGEWILL JCA;

Judgement

JUMMAI HANNATU SANKEY, J.C.A. (Delivering the Leading Judgment): This is an Appeal against the Ruling of the High Court of Justice Adamawa State delivered on 18th November, 2014 in Suit No. ADS/50m/2014 wherein it made a Garnishee Order Absolute against the Appellant/1st Garnishee in satisfaction of a Judgment awarded in favour of the 1st Respondent in Appeal No: CA/YL/11/2013 to the tune of N21,757,397.00.? In an attempt to realize the fruit of this Judgment, the 1st Respondent applied to the Lower Court for a garnishee order nisi against the Appellant as 1st Garnishee and the 2nd Respondent as the 2nd Garnishee. The application was duly granted and the two Garnishees were ordered to show cause why the order nisi should not be made absolute. In response, the Appellant filed a 13 paragraph affidavit annexed to which were five exhibits showing cause why the order nisi should not be made absolute against it. The 2nd Garnishee/Respondent, on its part, did not file any process showing cau…

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