ZENITH BANK V. ETUOBOM I. E. ARCHIBONG & ORS
(2013) JELR 35921 (CA)
Court of Appeal
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CA/C/9/2010
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22 Jan 2013
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Nigeria
Coram
MOHAMMED LAWAL GARBA JCA;
UZO I. NDUKWE-ANYANWU JCA;
ONYEKACHI A. OTISI JCA;
Appearances
Sylvester A. Obot Esq. For Appellant
ENO T. OFFONG Esq. For Respondent
Judgement
<p>UZO I. NDUKWE-ANYANWU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the Federal High Court sitting in Calabar delivered on the 7th October, 2009. The Appellant was sued as a garnishee in a garnishee proceeding in Suit No FHC/CA/CS/I/2007 and was duly served with a copy of the garnishee order nisi. On the return date, 7th October, 2009 the garnishee was absent and unrepresented by counsel.</p><p> At the hearing of the matter, there was no process filed by the garnishee. There was no affidavit to show cause.</p><p> The trial Judge proceeded to make the garnishee order nisi absolute.</p><p> Being dissatisfied, the appellant filed his notice and 2 grounds of Appeal. The appellant filed his brief and articulated only one issue for determination, namely thus:</p><p> Whether the failure by the trial court to consider the garnishee's affidavit to show cause or hear the Appellant before making garnishee order nisi absolute amounted to a breach of rules of natural Justice and Appella…</p>