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ZENITH BANK PLC v. CHIEF GODWIN OMENAKA & ANOR

(2016) JELR 41876 (CA)

Court of Appeal  •  CA/YL/108/2015  •  14 Mar 2016  •  Nigeria

Coram
TIJJANI ABDULLAHI JCA; JUMMAI HANNATU SANKEY JCA; BIOBELE ABRAHAM GEORGEWILL JCA;

Judgement

BIODELE ABRAHAM GEORGEWILL, JCA (DELIVERING THE LEADING JUDGMENT): This is an appeal against the decision contained in the ruling of the High Court of Adamawa State in suit no: ADSY/1/2014: Chief Godwin Omenaka v. Adamawa State Government and Anor., delivered on 14/10/2015 by Ambrose D. Mammadi J. in which the order nisi made against the appellant as garnishee was made absolute in satisfaction of a judgment awarded in favor of the 1st respondent on 10/5/2012 in suit no: ADSY/83/2007: Chief Godwin Omenaka v. Yola North Local Government Council and 4 Ors to the tune of 101,079,000.00.

The 1st respondent who was the judgment creditor had by a motion ex-parte filed on 9/1/2014 sought and obtained the order of the court below granting a garnishee decree nisi against the appellant and the appellant was ordered to show cause. The appellant upon service of the garnishee order nisi on it, filed an affidavit to show cause why the garnishee order should not be made absolute. The 1st respondent j…

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