BETWEEN: AND AND RULING

Size: px
Start display at page:

Download "BETWEEN: AND AND RULING"

Transcription

1 IN THE HIGH COURT OF THE FEDERAL CAPITAL TERRITORY IN THE ABUJA JUDICIAL DIVISION HOLDEN AT ABUJA ON THE 28 TH DAY OF NOVEMBER 2013 SUIT NO. FCT/HC/M/8529/13 BEFORE HIS LORDSHIP: HONOURABLE JUSTICE FOLASADE OJO JUDGE ESQUIRE VENTURES LIMITED BETWEEN: AND JUDGT.CREDITOR/RESPONDENT 1. THE HON. ATTORNEY GENERAL OF THE FEDERATION (Sued as the representative of the Federal Govt. of Nigeria) 2. CHIEF OF ARMY STAFF ARMY HEADQUARTERS, ABUJA JUDGT. DEBTORS/ 3. NIGERIAN ARMY APPLICANTS 1. ZENITH BANK PLC 2. UNITED BANK PLC 3. FIRST BANK PLC 4. DIAMOND BANK PLC AND 5. FIDELITY BANK PLC GARNISHEES/RESPONDENTS 6. STANDARD IBTC BANK PLC 7. FIRST CITY MONUMENT BANK PLC 8. GUARANTY TRUST BANK PLC 9. KEYSTONE BANK PLC 10. ECO BANK PLC RULING This is a motion on notice brought pursuant to the provisions of Order 45 of the High Court of the Federal Capital Territory, Abuja Civil Procedure Rules 2004, Section 36(1) of the Constitution of the Federal Republic of Nigeria 1999 and the inherent jurisdiction of this Court wherein the 2 nd and 3 rd Judgment debtors seek the following reliefs: 1. An order of stay of execution of the garnishee order absolute made by this Honourable Court on the 27 th of May 2013 in respect of applicant s monies in the custody and control of the 1

2 3 rd 9 th respondents pending the hearing and determination of the appeal against the said order by the Court of Appeal, Abuja Division. 2. And for such further order or other orders as this Honourable Court may deem fit to make in the circumstances. The grounds upon which the application is brought as contained on the face of the motion paper are as follows: a. The applicants have lodged an appeal against the aforesaid garnishee order absolute (Notice of Appeal herewith attached). b. The res or subject matter of the appeal will be dissipated and destroyed by the 1 st respondent unless the 3 rd 9 th respondents are restrained from making same available to the respondent. c. A situation of complete and utter helplessness will inevitably be foisted on the Court of Appeal and the applicant s Appeal will be rendered nugatory. The motion is supported by a 24-paragraphed affidavit. Counsel filed a written address in support. The judgment creditor is opposed to the application and has filed a counter affidavit with a counsel s written address. At the hearing of the motion counsel on both sides adopted their written addresses as their respective oral submissions. Judgment was delivered in favour of the judgment creditor in suit No: FCT/HC/CV/366/09 on 25/5/12 against the judgment debtors/applicants. The judgment creditor initiated garnishee proceedings against the above named garnishees. A garnishee order nisi was made on the 27 th of August which order was made absolute on the 27 th of May By the garnishee order absolute, some of the garnishees were directed to pay the judgment debt. Dissatisfied with the garnishee order absolute, the applicants filed an appeal against same consequent upon which they filed this application. The facts relied on by the 2 nd and 3 rd Judgment Debtors/Applicants as contained in the affidavit in support of the motion is that they had filed a notice of appeal against this Court s judgment delivered on 25/5/12 in Suit No. FCT/HC/366/2009 and also filed motions for stay of execution pending their said appeal. That while the motions for stay were pending the Judgment Creditor/Respondent commenced garnishee proceedings against the Garnishee/Respondents herein and a garnishee order nisi was made against some of the Garnishee/Respondents. That the 2 nd and 3 rd Judgment Debtors/Applicants were not served with the garnishee order nisi. That while the garnishee proceedings was pending the record of appeal was compiled and transmitted to the Court of Appeal. That they filed another application for stay of execution of the Judgment 2

3 of 25/5/12 at the Court of Appeal which application was served on all the respondents herein. That their grounds of appeal raise vital and substantial issues of law particularly of fair hearing. That the subject matter will be destroyed if the Respondents are not restrained from enforcing the garnishee order absolute. That it will not be possible to return to status quo if the 2 nd and 3 rd Judgment Debtors/Applicants appeal succeeds as the Judgment Creditor/Respondent has remained unable to settle its indebtedness to its own creditors. The Judgment Creditor/Respondent on the other hand averred in its Counter Affidavit that it has suffered and will continue to suffer irreversible hardship if the judgment sum is not liquidated. He says judgment has been entered against him by the Kaduna State High Court in favour of GT Bank Plc on account of loans obtained from the bank. That since the filing of the 2 nd and 3 rd Judgment Debtors/Applicants appeal no further steps have been taken such as compilation of record of appeal. That the Judgment Creditor/Respondent undertakes to refund and pay interest on the judgment sum in the unlikely event that the 2 nd and 3 rd Judgment Debtors/Applicants succeed on appeal. That the Judgment Creditor/Respondent has several landed properties in Abuja to effect such refund. That the motion is incompetent and an abuse of Court process. Relying on Sections 241, 242 and (particularly) 243 of the Constitution of the Federal Republic of Nigeria 1999 Counsel to the 2 nd and 3 rd Judgment Debtors/Applicants argued that the 2 nd and 3 rd Judgment Debtors/Applicants have a constitutional right of appeal against the garnishee order absolute made against their interest. He further submitted that the 2 nd and 3 rd Judgment Debtors/Applicants are parties to the garnishee proceedings and are entitled as of right to appeal against same. He relied on Order 8 Rule 8(1) of the Judgment Enforcement Rules and the cases of NIGERIA AGIP OIL COMPANY LTD. VS. OGINI (2011) 2 NWLR PT P. 131 and CENTRAL BANK OF NIGERIA VS. AUTO IMPORT EXPORT (2013) 2 NWLR PT P. 80. On the issue of the res in this matter, Counsel argued that same would be destroyed and a situation of helplessness will be foisted on the Court of appeal if the instant application is refused. He relied on the cases of INTERCITY BANK PLC VS. ALLI (2002) 7 NWLR PT. 766 P. 420 and CLIFFORD COUSIN VS. TEMPLEMEN ODEJIBA (2005) 26 WRN 66 and urged me to grant the application sought so as to preserve the res in this matter. For his part, Counsel to the Judgment Creditor/Respondent contended that the 2 nd and 3 rd Judgment Debtors/Applicants lack the legal competence to apply for a stay of execution of the Garnishee Order Absolute made against the Garnishees/Respondents and have not placed sufficient materials for such a grant. He submitted that a judgment debtor is a stranger in garnishee proceedings and 3

4 relied on the case of NITEL PLC VS. I.C.I.C. DIRECTORY PUBLISHERS LTD (2009) 16 NWLR PT P He submitted that since the money in respect of which the Garnishee Order Absolute was made is not in the custody of the 2 nd and 3 rd Judgment Debtors/Applicants they lack the locus standi to apply for a stay. He argued further that Order 8 Rule 8(1) of the Judgment Enforcement Rules relied upon by Counsel to the 2 nd and 3 rd Judgment Debtors/Applicants is not applicable to this situation. Counsel further submitted that an exercise of this Court s discretion to grant a stay is to be done judicially and judiciously based on materials before it which materials he said the applicant has failed to provide. He finally urged me to dismiss the motion. The law is settled that an application such as this essentially is an exercise of the Court s discretion. There are however guiding principles to be followed in the exercise of such discretion. In CLEV JOSH LTD. VS. TOKIMI (2008) 13 NWLR Pt P. 422 AT P. 439 PARAS. A - C the Court of Appeal, per Gumel JCA, held as follows: Suffice it to say that in deciding whether or not to grant an application for stay of execution, a court must at least consider and answer some key questions. These include 1. Whether there is a valid and competent pending appeal; 2. Whether the applicant has shown by credible evidence that there are special or exceptional circumstances to warrant the grant of the application; and 3. Which of the competing rights and balance of convenience of the rights of the parties would support the grant etc. In a consideration of an application for stay of execution, it has been held that a grant of same is dependent on the existence of a valid and competent appeal and that no Court will grant an application for stay of execution in respect of an invalid appeal. The existence of a valid pending appeal in an application of this nature cannot therefore be overemphasized. See ORURUO VS UGWU (2007) 7 NWLR Pt Pg. 225 at 230 Paras. C D, UBN VS NDACE (1998) 3 NWLR Pt. 541 P. 331, CBN VS AHMED (2001) 11 NWLR Pt. 724 Pg. 369 and ONASHILE VS IDOWU (1961) SCNLR 53. In ACB VS OBIMIAMI BRICK AND STONE (1993) 5 NWLR Pt. 294 P. 399, Karibi Whyte JSC held thus: In the instant case, if it could be shown that there was no valid appeal before the Court, then the basis for considering an application for a stay of execution does not exist. The reliefs sought in this application is clear and unambiguous. It is for an order of stay of execution of the garnishee order absolute made by this Court on the 27 th of May 2013 pending the hearing and determination of the appeal against 4

5 the said order. Exhibit E is a Notice of Appeal filed by the applicants against the garnishee order absolute. It is dated 14 th June The position of learned counsel to the judgment creditor/respondent is that the 2 nd and 3 rd judgment debtors/applicants are strangers to the garnishee and as such cannot bring this application. Applicant s counsel has however argued that the 2 nd and 3 rd judgment debtors have a right of appeal against the garnishee order absolute by virtue of Section 243 of the Constitution of the Federal Republic of Nigeria. Section 243(1)(a)and(b) provides thus: (1) Any right of appeal to the Court of Appeal from the decisions of the Federal High Court, or a High Court conferred by this Constitution shall be- (a) Exercisable in the case of civil proceedings at the instance of a party thereto, or with the leave of the Federal High Court, or High Court or the Court of Appeal at the instance of any other person having an interest in the matter, and in the case of criminal proceedings at the instance of an accused person or, subject to the provisions of this Constitution and any powers conferred upon the Attorney-General of the Federation or the Attorney-General of a State to take over and continue or to discontinue such proceedings, at the instance of such other authorities or persons as may be prescribed; (b) Exercised in accordance with any Act of the National Assembly and rules of court for the time being in force regulating the powers, practice and procedure of the Court of Appeal. From the above provision, it is clear that the right of appeal conferred by the Constitution in a civil proceedings are exercisable by: 1. A party to the suit, and (2) An interested party. An interested party however requires leave of Court to exercise his right of appeal. The appeal upon which the present application is predicated arose out of a garnishee proceedings. The law is settled that a garnishee proceedings is primarily between the judgment creditor and the garnishee. A judgment debtor is merely a nominal party. See STAR DEEP WATER PETROLEUM LIMITED & OTHERS VS A.I.C. LIMITED & ORS. Unreported decision of the Court of Appeal Lagos Judicial Division delivered on Friday 14 th May 2010 in Suit No: CA/L/610M/05 and UBA PLC VS EKANEM (2010) 6 NWLR Pt Pg The right of appeal of a judgment debtor against a garnishee order was extensively considered by the Court of Appeal in the Unreported case of NIGERIAN MARITIME ADMINISTRATION AND SAFETY AGENCY VS. 5

6 STEPHEN ADI ODEY & ORS (UNREPORTED) delivered by the Court of Appeal (Calabar Judicial Division) on Thursday, the 28 th day of June, 2012 in Suit No: CA/C/45/2009. In that case the Court held that whether or not a judgment debtor is made a party to a garnishee proceedings he is not the party required by the order of Court to show cause in the proceedings and as such cannot appeal as of right against the garnishee order but as an interested party pursuant to Section 243 of the Constitution. I shall quote extensively from the lead Judgment delivered by Ndukwe-Anyanwu JCA. His Lordship held thus: Garnishee proceeding is a separate and distinct action between the judgment creditor and the person or body holding in custody the assets of the judgment debtor, although it follows from the judgment that pronounced the debt owing. Thus, a successful party, in his quest to move against the assets of the judgment debtor usually makes an application ex parte for a garnishee order nisi attaching the debt due or accruing to the judgment debtor from such person or body that from the moment of making the order is called the garnishee. The following procedure governs garnishee proceedings, namely: (a) the garnishee must be personally served with the garnishee order nisi (b) upon effecting personal service of the order, the order binds the debt in the hands of the garnishee and he must therefore pay the debt over to the judgment creditor or such amount that will cover the judgment debt; (c) if the garnishee wishes to dispute the debt or liability by it to the judgment debtors, he must appear before the court; (d) where the garnishee fails to appear in obedience to the court s order, the court may proceed to make the order nisi absolute. The judgment debtor indeed should not be a party in this proceeding. Though he is a party he is not the party to show cause. The judgment debtor is not a necessary party in a garnishee proceeding and, therefore, has no right of appeal in this proceeding. Section 243 of the 1999 Constitution provides as follows: Any right of appeal to the Court of Appeal from the decision of the Federal High Court or High Court conferred by this constitution shall be: (a) exercised in the case of civil proceeding at the instance of a party thereto, or with leave of Court of Appeal at the instance of any other person having interest in the matter. If the Appellant is not supposed to be a party, can he appeal as of right in the garnishee proceeding? The answer is NO. If the answer is No, the Appellant can only appeal as a party having interest in the 6

7 matter with the leave of Court. See the case of UBA VS Ekanem (2009) 40 WRN page 150 where it was held that: A judgment debtor is merely a nominal party whose money in the custody of the garnishee is being recovered by the judgment creditor in satisfaction of the judgment debt he is owing to the judgment creditor. He is not required to appear before the Court to show cause why the order nisi should be made absolute. It is the garnishee and only the garnishee that is expected to inform the Court if there is any third party s interest in the said judgment debtor s money in his custody. So, to all ramifications, it is only the garnishee that is expected to react if the law was not properly followed or observed. It has been held severally that the judgment debtor is not supposed to be a party in a garnishee proceeding. It, therefore, follows that the Appellant/judgment debtor in this case does not have any right to question the jurisdiction of the Court nor whether the hearing was fair or not. The only parties that may question the jurisdiction of the Court on whether there was fair hearing are the garnishee banks. See the unreported case of UNIVERSITY OF UYO VS. EDU ANYAWANA UYE (SUPRA) where Omokri, JCA (of blessed memory) had this to say: It is settled law that a garnishee proceeding, although incidental to the judgment pronouncing the debt owed, the judgment debtor in this case, the appellant is not a necessary party... the order nisi and order to show cause; why the order nisi should not be made absolute was directed to the garnishee and not the appellant who is the judgment debtor. The issue that the appellant was not heard as to whether or not the decree nisi should be made absolute is misconceived, speculative and does not reflect the true position of the law. The correct position of the law is that the present appellant is not a party to the garnishee proceeding, so the question of the appellant being denied of fair hearing does not arise at all. This is the position of the law and this case is on all fours with the instant case. See also PPMC Ltd. VS. DELPY PETROLEUM INC. (2005) 8 NWLR Pt.928 Pg The Appellant is not supposed to be a party in this garnishee proceeding and as such has no right to be heard in Court or any other proceeding whatsoever emanating thereto. The Appellant can only be 7

8 at best a party interested and therefore requires leave - a condition precedent to the institution of this appeal. Leave of Court where it is required is a condition precedent to the exercise of the right to appeal. Thus failure to obtain leave where it is required will render any appeal filed incompetent as no jurisdiction can be conferred on the Appellate court. NALSA & TEAM ASSOCIATES VS. NNPC (1991) 8 NWLR Pt. 212 Pg. 652; ANYANSUWA VS. CO-OPERATIVE BANK LTD. (1994) 5 NWLR PT.347 PAGE 742; SHAKA VS. SALISU (1996) 2 NWLR PT. 428 PAGE 22; FBN PLC VS. BUKAR (1997) 1 NWLR PT. 483 Pg. 625; SPDC (NIG.) LTD. VS. KATAD (NIG.) LTD. (2006) 1 NWLR Pt. 960 PAGE 198. The failure of the Appellant to seek leave before appealing on the said judgment of the Court renders this appeal incompetent. This Appeal incompetent, therefore, robs the Court of the necessary jurisdiction to hear this appeal. I find the case of NIGERIAN MARITIME ADMINISTRATION AND SAFTY AGENCY (SUPRA) most apposite to the case at hand. The 2 nd and 3 rd judgment debtors are interested parties in this garnishee proceedings and I so hold. It follows therefore that they can only appeal against the garnishee order absolute with leave of Court. Order 8 Rule 8(1) of the Judgment Enforcement Rules does not confer a right to appeal without leave on the 2 nd and 3 rd judgment as submitted by their counsel and I so hold. The question now is whether the Notice of Appeal was filed with leave of Court. There is nothing before me to show that such leave was obtained. No leave was granted by this Court and applicants have not shown that such was granted by the Court of Appeal. The onus is on the applicants to do this which burden has not been discharged. The notice of appeal relied upon by the applicants was filed without leave and thus incompetent and I so hold. See NALSA AND TEAM ASSOCIATES VS NIGERIAN NATIONAL PETROLEUM CORPORATION (1991) 8 NWLR Pt. 212 Pg The law is settled that where an appeal is incompetent a stay of execution pending such appeal cannot be granted. The present application for stay of execution of the garnishee order absolute made by this Court on the 27 th of May 2013 is based on an incompetent appeal. This being so I find no merit in this application and it is hereby dismissed. 8 HON. JUSTICE F.A. OJO 28/11/2013

RULING. This is a motion on notice wherein the judgment debtor/applicant seeks the following reliefs:

RULING. This is a motion on notice wherein the judgment debtor/applicant seeks the following reliefs: IN THE HIGH COURT OF THE FEDERAL CAPITAL TERRITORY IN THE ABUJA JUDICIAL DIVISION HOLDEN AT ABUJA ON THE 15TH DAY OF JULY 2013 SUIT NO. FCT/HC/M/8912/13 BEFORE HIS LORDSHIP HONOURABLE JUSTICE FOLASADE

More information

BEFORE HIS LORDSHIP HON. JUSTICE CHIZOBA N. OJI PRESIDING JUDGE MOTION NO: M\9217\11 BETWEEN:

BEFORE HIS LORDSHIP HON. JUSTICE CHIZOBA N. OJI PRESIDING JUDGE MOTION NO: M\9217\11 BETWEEN: IN THE HIGH COURT OF THE FEDERAL CAPITALTERRITORY ABUJA IN THE ABUJA JUDICIAL DIVISION HOLDEN AT WUSE ZONE 2 FCT ABUJA ON THE 28 TH DAY OF FEBRUARY, 2013 BEFORE HIS LORDSHIP HON. JUSTICE CHIZOBA N. OJI

More information

IN THE HIGH COURT OF THE FEDERAL CAPITAL TERRITORY IN THE ABUJA JUDICIAL DIVISION HOLDEN AT ABUJA

IN THE HIGH COURT OF THE FEDERAL CAPITAL TERRITORY IN THE ABUJA JUDICIAL DIVISION HOLDEN AT ABUJA IN THE HIGH COURT OF THE FEDERAL CAPITAL TERRITORY IN THE ABUJA JUDICIAL DIVISION HOLDEN AT ABUJA ON THE 7 TH DAY OF MAY 2013 SUIT NO. FCT/HC/CV/2055/11 M/2997/12 BEFORE HIS LORDSHIP: HONOURABLE JUSTICE

More information

RULING. i.e. whether having regard to the circumstances of this case the applicant is entitled to the Court s discretion ion in granting

RULING. i.e. whether having regard to the circumstances of this case the applicant is entitled to the Court s discretion ion in granting IN THE HIGH COURT OF THE FEDERAL CAPITAL TERRITORY HOLDEN AT HIGH COURT OF JUSTICE APO ABUJA ON THE 4 TH DAY OF JULY, 2013 BEFORE HIS LORDSHIP: - HON. JUSTICE M.A NASIR COURT NO.:- HIGH COURT TWENTY TWO

More information

(2018) LPELR-44058(CA)

(2018) LPELR-44058(CA) UBA PLC v. ACCESS BANK & ANOR CITATION: HUSSEIN MUKHTAR In the Court of Appeal In the Sokoto Judicial Division Holden at Sokoto ON FRIDAY, 2ND FEBRUARY, 2018 Suit No: CA/S/21/2017 MUHAMMED LAWAL SHUAIBU

More information

IN THE HIGH COURT OF THE FEDERAL CAPITAL TERRITORY HOLDEN AT MAITAMA BEFORE HIS LORDSHIP: HON. JUSTICE A. S. UMAR RULING

IN THE HIGH COURT OF THE FEDERAL CAPITAL TERRITORY HOLDEN AT MAITAMA BEFORE HIS LORDSHIP: HON. JUSTICE A. S. UMAR RULING IN THE HIGH COURT OF THE FEDERAL CAPITAL TERRITORY HOLDEN AT MAITAMA BEFORE HIS LORDSHIP: HON. JUSTICE A. S. UMAR MOTION NO: FCT/HC/M/178/13 BETWEEN: CORNELIUS NWAPI - JUDGEMENT CREDITOR VS MR. OLATOKUNBO

More information

(2016) LPELR-40192(CA)

(2016) LPELR-40192(CA) SCOA (NIG) PLC & ANOR v. REGISTERED TRUSTEES OF METHODIST CHURCH OF NIG & ANOR CITATION: AMINA ADAMU AUGIE YARGATA BYENCHIT NIMPAR JAMILU YAMMAMA TUKUR SCOA NIGERIA PLC SCOATRAC In the Court of Appeal

More information

IN THE HIGH COURT OF JUSTICE FEDERAL CAPITAL TERRITORY IN THE ABUJA JUDICIAL DIVISION HOLDEN AT MAITAMA ABUJA

IN THE HIGH COURT OF JUSTICE FEDERAL CAPITAL TERRITORY IN THE ABUJA JUDICIAL DIVISION HOLDEN AT MAITAMA ABUJA IN THE HIGH COURT OF JUSTICE FEDERAL CAPITAL TERRITORY IN THE ABUJA JUDICIAL DIVISION HOLDEN AT MAITAMA ABUJA BEFORE HIS LORDSHIP: HON. JUSTICE SALISU GARBA COURT CLERKS: BWALA NATHAN & OTHERS COURT NUMBER:

More information

WEST AFRICAN EXAMINATIONS COUNCIL & ORS V. MRS. NKOYO EDET IKANG & ORS CITATION: (2011) LPELR-5098(CA)

WEST AFRICAN EXAMINATIONS COUNCIL & ORS V. MRS. NKOYO EDET IKANG & ORS CITATION: (2011) LPELR-5098(CA) 1 WEST AFRICAN EXAMINATIONS COUNCIL & ORS V. MRS. NKOYO EDET IKANG & ORS CITATION: (2011) LPELR-5098(CA) In The Court of Appeal (Calabar Judicial Division) On Thursday, the 17th day of March, 2011 Suit

More information

MOTION NO: FCT/HC/M/9227/13 BETWEEN: CHUKWU CHRISTIAN NWEKE JUDGMENT CREDITOR/ RESPONDENT AND MOSES NWOBODO...JUDGMENT DEBTOR/ APPLICANT

MOTION NO: FCT/HC/M/9227/13 BETWEEN: CHUKWU CHRISTIAN NWEKE JUDGMENT CREDITOR/ RESPONDENT AND MOSES NWOBODO...JUDGMENT DEBTOR/ APPLICANT IN THE HIGH COURT OF THE FEDERAL CAPITAL TERRITORY IN THE ABUJA JUDICIAL DIVISION HOLDEN AT ABUJA BEFORE HIS LORDSHIP, HON. JUSTICE A.A.I BANJOKO JUDGE MOTION NO: FCT/HC/M/9227/13 BETWEEN: CHUKWU CHRISTIAN

More information

(2017) 3 Journal of the Mooting Society University of Lagos AGIP (NIG.) LTD V. AGIP PETROLI INT L (2010) 5NWLR PT. 1187

(2017) 3 Journal of the Mooting Society University of Lagos AGIP (NIG.) LTD V. AGIP PETROLI INT L (2010) 5NWLR PT. 1187 AGIP (NIG.) LTD V. AGIP PETROLI INT L (2010) 5NWLR PT. 1187 MISTHURA OTUBU * 1.0 INTRODUCTION There are three categories of proceedings that may be brought by minority shareholders for the purpose of prosecuting,

More information

(2016) LPELR-40517(CA)

(2016) LPELR-40517(CA) STANBIC IBTC BANK v. LONG TERM GLOBAL CAPITAL LTD & ORS CITATION: SIDI DAUDA BAGE CHINWE EUGENIA IYIZOBA TIJJANI ABUBAKAR In the Court of Appeal In the Lagos Judicial Division Holden at Lagos ON FRIDAY,

More information

BEFORE HIS LORDSHIP: HONOURABLE JUSTICE FOLASADE OJO JUDGE: BETWEEN:

BEFORE HIS LORDSHIP: HONOURABLE JUSTICE FOLASADE OJO JUDGE: BETWEEN: IN THE HIGH COURT OF THE FEDERAL CAPITAL TERRITORY IN THE ABUJA JUDICIAL DIVISION HOLDEN AT ABUJA ON THE 3RD DAY OF OCTOBER 2013 SUIT NO. FCT/HC/CV/2563/12 BEFORE HIS LORDSHIP: HONOURABLE JUSTICE FOLASADE

More information

(2018) LPELR-44008(CA)

(2018) LPELR-44008(CA) BLUEBAY GLOBAL CONCEPTS LTD & ANOR v. CITY VIEW ESTATES LTD CITATION: In the Court of Appeal In the Abuja Judicial Division Holden at Abuja ON TUESDAY, 6TH FEBRUARY, 2018 Suit No: CA/A/301/2016 EMMANUEL

More information

The defendant did not defend this suit. She neither entered appearance nor file any pleadings.

The defendant did not defend this suit. She neither entered appearance nor file any pleadings. IN THE HIGH COURT OF THE FEDERAL CAPITAL TERRITORY ABUJA IN THE ABUJA JUDICIAL DIVISION HOLDEN AT COURT NO.36 ABUJA BEFORE HIS LORDSHIP: HON JUSTICE A.S ADEPOJU ON THE 19 TH DAY OF JULY, 2013 SUIT NO:

More information

(2018) LPELR-45327(CA)

(2018) LPELR-45327(CA) MV CORAL GEM & ORS v. OISEOMAYE & ORS CITATION: TIJJANI ABUBAKAR In the Court of Appeal In the Lagos Judicial Division Holden at Lagos ON WEDNESDAY, 13TH JUNE, 2018 Suit No: CA/L/492/2014 BIOBELE ABRAHAM

More information

IN THE HIGH COURT OF THE FEDERAL CAPITAL TERRITORY HOLDEN AT HIGH COURT OF JUSTICE WUSE ABUJA BEFORE HIS LORDSHIP: HON. JUSTICE M.M.

IN THE HIGH COURT OF THE FEDERAL CAPITAL TERRITORY HOLDEN AT HIGH COURT OF JUSTICE WUSE ABUJA BEFORE HIS LORDSHIP: HON. JUSTICE M.M. IN THE HIGH COURT OF THE FEDERAL CAPITAL TERRITORY BETWEEN:- HOLDEN AT HIGH COURT OF JUSTICE WUSE ABUJA ON THE 18 TH DAY OF JULY, 2013 BEFORE HIS LORDSHIP: HON. JUSTICE M.M. KOLO COURT NO. HIGH COURT THIRTY

More information

(2016) LPELR-40165(CA)

(2016) LPELR-40165(CA) MOUDKAS NIG ENT. LTD & ORS v. OBIOMA & ORS CITATION: UZO I. NDUKWE-ANYANWU JOSEPH SHAGBAOR IKYEGH SAMUEL CHUKWUDUMEBI OSEJI In the Court of Appeal In the Lagos Judicial Division Holden at Lagos ON FRIDAY,

More information

(2018) LPELR-45103(CA)

(2018) LPELR-45103(CA) BASHIR v. FRN CITATION: In the Court of Appeal In the Kaduna Judicial Division Holden at Kaduna ON FRIDAY, 22ND JUNE, 2018 Suit No: CA/K/453/2017 Before Their Lordships: UZO IFEYINWA NDUKWE-ANYANWU MOHAMMED

More information

IN THE HIGH COURT OF JUSTICE OF THE FEDERAL CAPITAL TERRITORY ABUJA. OJI PRESIDING JUDGE SUIT NO: FCT\HC\CV\6015\11 BETWEEN:

IN THE HIGH COURT OF JUSTICE OF THE FEDERAL CAPITAL TERRITORY ABUJA. OJI PRESIDING JUDGE SUIT NO: FCT\HC\CV\6015\11 BETWEEN: IN THE HIGH COURT OF JUSTICE OF THE FEDERAL CAPITAL TERRITORY ABUJA. IN THE ABUJA JUDICIAL DIVISION HOLDEN AT WUSE ABUJA ON THE 13 TH DAY OF MAY, 2013 BEFORE HIS LORDSHIP HON JUSTICE CHIZOBA N. OJI PRESIDING

More information

(2017) LPELR-43312(CA)

(2017) LPELR-43312(CA) SHETIMA v. GADAL & ORS CITATION: ADZIRA GANA MSHELIA UCHECHUKWU ONYEMENAM In the Court of Appeal In the Jos Judicial Division Holden at Jos ON FRIDAY, 2ND JUNE, 2017 Suit No: CA/J/73M/2017(R) Before Their

More information

RULING ON NOTICE OF PRELIMINARY OBJECTION. The applicant by a preliminary objection dated 5/4/13 moved the court to:

RULING ON NOTICE OF PRELIMINARY OBJECTION. The applicant by a preliminary objection dated 5/4/13 moved the court to: IN THE HIGH COURT OF JUSTICE FEDERAL CAPITAL TERRITORY OF NIGERIA IN THE ABUJA JUDICIAL DIVISION HOLDEN AT LUGBE ABUJA ON, 17 TH OCTOBER, 2013. BEFORE HIS LORDSHIP:- HON. JUSTICE A. O. OTALUKA. SUIT NO.:-

More information

Ajiroghene Aruga Esq, for the Applicant A. N. Shuru Esq for the Party seeking to be Joined. RULING

Ajiroghene Aruga Esq, for the Applicant A. N. Shuru Esq for the Party seeking to be Joined. RULING IN THE HIGH COURT OF THE FEDERAL CAPITAL TERRITORY IN THE ABUJA JUDICIAL DIVISION HOLDEN AT ABUJA ON THE 11 TH OF JUNE, 2013 BEFORE THE HONOURABLE JUSTICE A. B. MOHAMMED SUIT NO. FCT/HC/CV/599/12 BETWEEN:

More information

AND 1. NATIONAL AGENCY FOR FOOD AND DRUG ADMINISTRATION AND CONTROL (NAFDAC) 2. THE DIRECTOR GENERAL NAFDAC RULING A.

AND 1. NATIONAL AGENCY FOR FOOD AND DRUG ADMINISTRATION AND CONTROL (NAFDAC) 2. THE DIRECTOR GENERAL NAFDAC RULING A. FEDERAL HIGH COURT OF NIGERIA IN THE ABUJA JUDICIAL DIVISION HOLDEN AT ABUJA ON MONDAY THE 15 TH DAY OF DECEMBER, 2014 BEFORE HIS LORDSHIP, HON. JUSTICE A. F. A. ADEMOLA JUDGE SUIT NO: FHC/ABJ/CS/760/13

More information

(2018) LPELR-45396(CA)

(2018) LPELR-45396(CA) FRSC & ORS v. MOHAMMED CITATION: In the Court of Appeal In the Jos Judicial Division Holden at Jos ON THURSDAY, 3RD MAY, 2018 Suit No: CA/J/269M/2012(R) UCHECHUKWU ONYEMENAM Before Their Lordships: HABEEB

More information

IN THE HIGH COURT OF THE FEDERAL CAPITAL TERRITORY HOLDEN AT HIGH COURT OF JUSTICE WUSE ABUJA ON THE 20TH DAY OF MAY, 2013 BEFORE HIS LORDSHIP: - HON

IN THE HIGH COURT OF THE FEDERAL CAPITAL TERRITORY HOLDEN AT HIGH COURT OF JUSTICE WUSE ABUJA ON THE 20TH DAY OF MAY, 2013 BEFORE HIS LORDSHIP: - HON IN THE HIGH COURT OF THE FEDERAL CAPITAL TERRITORY HOLDEN AT HIGH COURT OF JUSTICE WUSE ABUJA ON THE 20 TH DAY OF MAY, 2013 BEFORE HIS LORDSHIP: - HON. JUSTICE M.A NASIR COURT NO.:- HIGH COURT TWENTY TWO

More information

IN THE HIGH COURT OF THE FEDERAL CAPITAL TERRITORY IN THE ABUJA JUDICIAL DIVISION HOLDEN AT APO

IN THE HIGH COURT OF THE FEDERAL CAPITAL TERRITORY IN THE ABUJA JUDICIAL DIVISION HOLDEN AT APO IN THE HIGH COURT OF THE FEDERAL CAPITAL TERRITORY IN THE ABUJA JUDICIAL DIVISION HOLDEN AT APO BEFORE HIS LORDSHIP, HON. JUSTICE U.P KEKEMEKE MOTION NO. FCT/HC/M/389/11 DATE: 23/10/13 BETWEEN: MRS. OLGA

More information

IN THE HIGH COURT OF THE FEDERAL CAPITAL TERRITORY, ABUJA HOLDEN AT ABUIA ON TUESDAY, 8TH DAY OF MARCH, 2011 BEFORE HON. JUSTICE SYLV ANUS RULING

IN THE HIGH COURT OF THE FEDERAL CAPITAL TERRITORY, ABUJA HOLDEN AT ABUIA ON TUESDAY, 8TH DAY OF MARCH, 2011 BEFORE HON. JUSTICE SYLV ANUS RULING IN THE HIGH COURT OF THE FEDERAL CAPITAL TERRITORY, ABUJA HOLDEN AT ABUIA ON TUESDAY, 8TH DAY OF MARCH, 2011 BEFORE HON. JUSTICE SYLV ANUS C. ORIll SUIT NO. FCT/HC/CV/217/2008 MOTION MOTION NO. M/4750/2009

More information

(2017) LPELR-42383(CA)

(2017) LPELR-42383(CA) FIRST BANK OF NIGERIA PLC. v. ALDAR & CO.LTD. & ANOR CITATION: In the Court of Appeal In the Ibadan Judicial Division Holden at Ibadan ON FRIDAY, 17TH MARCH, 2017 Suit No: CA/I/76/2010 Before Their Lordships:

More information

SUIT NO. FCT/HC/CV/1599/10 MOTION NO: FCT/HC/M/3716/10 FCT/H/G/15/M/75/10 BETWEEN:

SUIT NO. FCT/HC/CV/1599/10 MOTION NO: FCT/HC/M/3716/10 FCT/H/G/15/M/75/10 BETWEEN: IN THE HIGH COURT OF THE FEDERAL CAPITAL TERRITORY IN THE ABUJA JUDICIAL DIVISION HOLDEN AT ABUJA BEFORE HIS LORDSHIP, HON. JUSTICE A.A.I. BANJOKO JUDGE SUIT NO. FCT/HC/CV/1599/10 MOTION NO: FCT/HC/M/3716/10

More information

(2018) LPELR-45445(CA)

(2018) LPELR-45445(CA) KAWU v. CHIEF SHERIFF, KEBBI STATE & ANOR CITATION: HUSSEIN MUKHTAR In the Court of Appeal In the Sokoto Judicial Division Holden at Sokoto MUHAMMED LAWAL SHUAIBU FREDERICK OZIAKPONO OHO ON THURSDAY, 12TH

More information

THE EFFECT OF THE ABOLITION OF DEMURRER PROCEEDINGS IN NIGERIAN COURTS CLARIFYING THE MISAPPLICATION

THE EFFECT OF THE ABOLITION OF DEMURRER PROCEEDINGS IN NIGERIAN COURTS CLARIFYING THE MISAPPLICATION THE EFFECT OF THE ABOLITION OF DEMURRER PROCEEDINGS IN NIGERIAN COURTS CLARIFYING THE MISAPPLICATION The operation of demurrer 1 proceedings, before it was abolished in England was the necessity to allow

More information

IN THE HIGH COURT OF THE FEDERAL CAPITAL TERRITORY HOLDEN AT GWAGWALADA BEFORE HIS LORDSHIP.HON. JUSTICE M.BALAMI COURT CLERK..

IN THE HIGH COURT OF THE FEDERAL CAPITAL TERRITORY HOLDEN AT GWAGWALADA BEFORE HIS LORDSHIP.HON. JUSTICE M.BALAMI COURT CLERK.. IN THE HIGH COURT OF THE FEDERAL CAPITAL TERRITORY HOLDEN AT GWAGWALADA SUIT NO: FCT /HC/GWD/CV/585/11 BEFORE HIS LORDSHIP.HON. JUSTICE M.BALAMI COURT CLERK..PAUL OJILE BETWEEN ZIP SYSTEM LTD &2 ORS.PLAINTIFFS/RESPONDENTS

More information

(2018) LPELR-45114(CA)

(2018) LPELR-45114(CA) ASHIMIYU v. BOLAJI & ORS CITATION: In the Court of Appeal In the Lagos Judicial Division Holden at Lagos MOHAMMED LAWAL GARBA JOSEPH SHAGBAOR IKYEGH YARGATA BYENCHIT NIMPAR ON FRIDAY, 8TH JUNE, 2018 Suit

More information

(2018) LPELR-46075(CA)

(2018) LPELR-46075(CA) STATE v. UGOKWE CITATION: ABDU ABOKI TANI YUSUF HASSAN MOHAMMED MUSTAPHA In the Court of Appeal In the Abuja Judicial Division Holden at Abuja ON MONDAY, 16TH JULY, 2018 Suit No: CA/A/579C/2015 Before

More information

I.S. G. VEMBEH for the Plaintiff Plaintiff is in Court. Defendant in Court. JUDGEMENT

I.S. G. VEMBEH for the Plaintiff Plaintiff is in Court. Defendant in Court. JUDGEMENT IN THE HIGH COURT OF THE FEDERAL CAPITAL TERRITORY ABUJA IN THE ABUJA JUDICIAL DIVISION HOLDEN AT COURT NO.36 ABUJA BEFORE HIS LORDSHIP: HON JUSTICE A.S ADEPOJU ON THE 13 TH DAY OF JUNE, 2013 SUIT NO:

More information

IN THE HIGH COURT OF THE FEDERAL CAPITAL TERRITORY ABUJA IN THE ABUJA JUDICIAL DIVISION HOLDEN AT APO ABUJA ON THE 1 ST DAY OF NOVEMBER, 2013

IN THE HIGH COURT OF THE FEDERAL CAPITAL TERRITORY ABUJA IN THE ABUJA JUDICIAL DIVISION HOLDEN AT APO ABUJA ON THE 1 ST DAY OF NOVEMBER, 2013 IN THE HIGH COURT OF THE FEDERAL CAPITAL TERRITORY ABUJA IN THE ABUJA JUDICIAL DIVISION HOLDEN AT APO ABUJA ON THE 1 ST DAY OF NOVEMBER, 2013 BEFORE HIS LORDSHIP HON. JUSTICE CHIZOBA N. OJI PRESIDING JUDGE

More information

(2018) LPELR-44208(CA)

(2018) LPELR-44208(CA) OKAFOR & ORS v. EZEATU CITATION: HUSSEIN MUKHTAR In the Court of Appeal In the Enugu Judicial Division Holden at Enugu ON TUESDAY, 13TH FEBRUARY, 2018 Suit No: CA/E/165/2015 MUHAMMED LAWAL SHUAIBU FREDERICK

More information

BEFORE HIS LORDSHIP HON JUSTICE CHIZOBA N. OJI PRESIDING JUDGE IBRAHIM DOMA WOKILI PLAINTIFF

BEFORE HIS LORDSHIP HON JUSTICE CHIZOBA N. OJI PRESIDING JUDGE IBRAHIM DOMA WOKILI PLAINTIFF IN THE HIGH COURT OF JUSTICE OF THE FEDERAL CAPITAL TERRITORY ABUJA. IN THE ABUJA JUDICIAL DIVISION HOLDEN AT WUSE ABUJA ON THE 5 TH DAY OF FEBRUARY, 2013 BEFORE HIS LORDSHIP HON JUSTICE CHIZOBA N. OJI

More information

(2017) LPELR-42702(CA)

(2017) LPELR-42702(CA) SIJUADE v. ELUGBINDIN & 3 ORS. CITATION: In the Court of Appeal In the Akure Judicial Division Holden at Akure ON MONDAY, 15TH MAY, 2017 Suit No: CA/AK/48/2014 Before Their Lordships: UZO IFEYINWA NDUKWE-ANYANWU

More information

IN THE HIGH COURT OF THE FEDERAL CAPITAL TERRITORY HOLDEN AT JABI - ABUJA THIS TUESDAY, THE 4 TH DAY OF JUNE, 2013

IN THE HIGH COURT OF THE FEDERAL CAPITAL TERRITORY HOLDEN AT JABI - ABUJA THIS TUESDAY, THE 4 TH DAY OF JUNE, 2013 IN THE HIGH COURT OF THE FEDERAL CAPITAL TERRITORY HOLDEN AT JABI - ABUJA THIS TUESDAY, THE 4 TH DAY OF JUNE, 2013 BEFORE: HON. JUSTICE UGOCHUKWU A. OGAKWU - JUDGE MOTION NO. FCT/HC/M/1882/2012 BETWEEN:

More information

JUDGMENT. The plaintiff claims against the defendant as follows:

JUDGMENT. The plaintiff claims against the defendant as follows: IN THE HIGH COURT OF THE FEDERAL CAPITAL TERRITORY HOLDEN AT HIGH COURT OF JUSTICE WUSE ABUJA ON THE 14 TH DAY OF FEBRUARY, 2013 BEFORE HIS LORDSHIP: HON. JUSTICE M.M. KOLO COURT NO. HIGH COURT THIRTY

More information

(2018) LPELR-45302(CA)

(2018) LPELR-45302(CA) ALLIED ENERGY LTD & ANOR v. NIGERIAN AGIP EXPLORATION LTD CITATION: TIJJANI ABUBAKAR In the Court of Appeal In the Lagos Judicial Division Holden at Lagos ON TUESDAY, 24TH JULY, 2018 Suit No: CA/L/120/2018

More information

(2016) LPELR-40572(CA)

(2016) LPELR-40572(CA) MAINSTREET BANK REGISTRARS LTD v. PROMISE CITATION: SIDI DAUDA BAGE In the Court of Appeal In the Lagos Judicial Division Holden at Lagos JOSEPH SHAGBAOR IKYEGH ON TUESDAY, 22ND MARCH, 2016 Suit No: CA/L/1157/2014

More information

SUIT NO. FCT/HC/CV/2900/12 BETWEEN: SAVANNAH BANK OF NIGERIA LIMITED - PLAINTIFF AND

SUIT NO. FCT/HC/CV/2900/12 BETWEEN: SAVANNAH BANK OF NIGERIA LIMITED - PLAINTIFF AND IN THE HIGH COURT OF THE FEDERAL CAPITAL TERRITORY IN THE ABUJA JUDICIAL DIVISION HOLDEN AT ABUJA ON THE 23 RD OF JANUARY, 2013. BEFORE THE HONOURABLE JUSTICE A. B. MOHAMMED SUIT NO. FCT/HC/CV/2900/12

More information

(2018) LPELR-45308(CA)

(2018) LPELR-45308(CA) EPE RESORTS & SPA LTD v. UBA PLC CITATION: TIJJANI ABUBAKAR In the Court of Appeal In the Lagos Judicial Division Holden at Lagos ON THURSDAY, 5TH JULY, 2018 Suit No: CA/L/799/2014 BIOBELE ABRAHAM GEORGEWILL

More information

IN THE HIGH COURT OF JUSTICE FEDERAL CAPITAL TERRITORY IN THE ABUJA JUDICIAL DIVISION HOLDEN AT WUSE ZONE 2 ABUJA

IN THE HIGH COURT OF JUSTICE FEDERAL CAPITAL TERRITORY IN THE ABUJA JUDICIAL DIVISION HOLDEN AT WUSE ZONE 2 ABUJA IN THE HIGH COURT OF JUSTICE FEDERAL CAPITAL TERRITORY IN THE ABUJA JUDICIAL DIVISION HOLDEN AT WUSE ZONE 2 ABUJA BEFORE HIS LORDSHIP: HON.JUSTICE D.Z. SENCHI COURT CLERKS: T. P. SALLAH & ORS. COURT NUMBER:

More information

IN THE HIGH COURT OF THE FEDERAL CAPITAL TERRITORY HOLDEN AT ABUJA BEFORE HON. JUSTICE SYLVANUS C. ORIJI RULING

IN THE HIGH COURT OF THE FEDERAL CAPITAL TERRITORY HOLDEN AT ABUJA BEFORE HON. JUSTICE SYLVANUS C. ORIJI RULING IN THE HIGH COURT OF THE FEDERAL CAPITAL TERRITORY, ABUJA HOLDEN AT ABUJA ON TUESDAY, 21 ST DAY OF MAY, 2013 BEFORE HON. JUSTICE SYLVANUS C. ORIJI SUIT NO. FCT/HC/CV/866/2012 BETWEEN LIVING EYES INTERNATIONAL

More information

LIMITATION PERIOD FOR THE ENFORCEMENT OF ARBITRATION AWARDS IN NIGERIA - CITY ENGINEERING NIG. LIMITED vs. FEDERAL HOUSING AUTHORITY.

LIMITATION PERIOD FOR THE ENFORCEMENT OF ARBITRATION AWARDS IN NIGERIA - CITY ENGINEERING NIG. LIMITED vs. FEDERAL HOUSING AUTHORITY. LIMITATION PERIOD FOR THE ENFORCEMENT OF ARBITRATION AWARDS IN NIGERIA - CITY ENGINEERING NIG. LIMITED vs. FEDERAL HOUSING AUTHORITY BY Olawale Akoni Introduction The time from which the limitation period

More information

IN THE HIGH COURT OF JUSTICE FEDERAL CAPITAL TERRITORY IN THE ABUJA JUDICIAL DIVISION HOLDEN AT MAITAMA ABUJA

IN THE HIGH COURT OF JUSTICE FEDERAL CAPITAL TERRITORY IN THE ABUJA JUDICIAL DIVISION HOLDEN AT MAITAMA ABUJA IN THE HIGH COURT OF JUSTICE FEDERAL CAPITAL TERRITORY IN THE ABUJA JUDICIAL DIVISION HOLDEN AT MAITAMA ABUJA BEFORE HIS LORDSHIP: HON. JUSTICE SALISU GARBA COURT CLERKS: BWALA NATHAN & OTHERS COURT NUMBER:

More information

Solicitors to the Nigeria Deposit Insurance Corporation (NDIC or Corporation) organized by

Solicitors to the Nigeria Deposit Insurance Corporation (NDIC or Corporation) organized by EFFICAC Y OF GARNISHEE PROCEEDINGS AGAINST CLOSED BANKS/NIGERIA DEPOSIT INSUR ANCE CORPOR ATION (NDIC) INTRODUCTION 1. The prosecution of cases in Nigeria is an arduous task. This stems from the fact that

More information

(2018) LPELR-45173(CA)

(2018) LPELR-45173(CA) HI-QUALITY BAKERY LTD & ANOR v. LONGE & ORS CITATION: In the Court of Appeal In the Calabar Judicial Division Holden at Calabar ON WEDNESDAY, 30TH MAY, 2018 Suit No: CA/C/122/2015 Before Their Lordships:

More information

IN THE EAST AFRICAN COURT OF JUSTICE AT ARUSHA FIRST INSTANCE DIVISION. (Coram: Johnston Busingye, PJ, John Mkwawa, J, Isaac Lenaola, J.

IN THE EAST AFRICAN COURT OF JUSTICE AT ARUSHA FIRST INSTANCE DIVISION. (Coram: Johnston Busingye, PJ, John Mkwawa, J, Isaac Lenaola, J. IN THE EAST AFRICAN COURT OF JUSTICE AT ARUSHA FIRST INSTANCE DIVISION (Coram: Johnston Busingye, PJ, John Mkwawa, J, Isaac Lenaola, J.) APPLICATION NO. 1 OF 2013 (ARISING FROM APPLICATION NO. 12 OF 2012)

More information

(2018) LPELR-44252(CA)

(2018) LPELR-44252(CA) IKURAV (NIG) LTD & ANOR v. MADUGU & ORS CITATION: In the Court of Appeal In the Makurdi Judicial Division Holden at Makurdi JUMMAI HANNATU SANKEY ONYEKACHI AJA OTISI JOSEPH EYO EKANEM 1. IKURAV (NIG) LTD

More information

(2018) LPELR-45348(CA)

(2018) LPELR-45348(CA) FLOGRET LTD & ANOR v. THE MV DONGXIN 8 & ORS CITATION: In the Court of Appeal In the Lagos Judicial Division Holden at Lagos ON THURSDAY, 22ND MARCH, 2018 Suit No: CA/L/384/2015 MOHAMMED LAWAL GARBA JOSEPH

More information

(2018) LPELR-43792(CA)

(2018) LPELR-43792(CA) ALHAJI HASSAN BELLO & SONS LTD & ANOR v. ZENITH BANK CITATION: HUSSEIN MUKHTAR In the Court of Appeal In the Sokoto Judicial Division Holden at Sokoto ON FRIDAY, 2ND FEBRUARY, 2018 Suit No: CA/S/87/2015

More information

DOCKET NO.: HEARING DATE : SIR: at nine o clock in the forenoon or as

DOCKET NO.: HEARING DATE : SIR: at nine o clock in the forenoon or as LAW OFFICES OF MYRON D. MILCH, PC Continental Plaza III 433 Hackensack Avenue Second Floor Hackensack, N. J. 07601 Tel. (201) 342-2868 Fax (201) 342-7391 NJ Attorney ID no. 269021971 Attorney for Plaintiff

More information

JUDGMENT OF THE LORDS OF THE JUDICIAL COMMITTEE OF THE PRIVY COUNCIL. Delivered the 24 th January 2008

JUDGMENT OF THE LORDS OF THE JUDICIAL COMMITTEE OF THE PRIVY COUNCIL. Delivered the 24 th January 2008 Privy Council Appeal No 87 of 2006 Beverley Levy Appellant v. Ken Sales & Marketing Ltd Respondent FROM THE COURT OF APPEAL OF JAMAICA - - - - - - - - - - - - - - - - - JUDGMENT OF THE LORDS OF THE JUDICIAL

More information

(2016) LPELR-40518(CA)

(2016) LPELR-40518(CA) AG FEDERATION v. NSE & ORS CITATION: SAMUEL CHUKWUDUMEBI OSEJI TIJJANI ABUBAKAR In the Court of Appeal In the Lagos Judicial Division Holden at Lagos ON FRIDAY, 29TH APRIL, 2016 Suit No: CA/L/108/2014

More information

(2017) LPELR-43016(CA)

(2017) LPELR-43016(CA) USMAN & ORS v. FRN CITATION: In the Court of Appeal In the Yola Judicial Division Holden at Yola OYEBISI FOLAYEMI OMOLEYE JAMES SHEHU ABIRIYI SAIDU TANKO HUSAINI 1. ALHAJI INIWA USMAN 2. ALHAJI CHINDO

More information

(2018) LPELR-45834(CA)

(2018) LPELR-45834(CA) BRAINS & ANOR v. NWAFOR CITATION: In the Court of Appeal In the Abuja Judicial Division Holden at Abuja ABUBAKAR DATTI YAHAYA ON THURSDAY, 12TH JULY, 2018 Suit No: CA/A/102/2009 TINUADE AKOMOLAFE-WILSON

More information

(2017) LPELR-43361(CA)

(2017) LPELR-43361(CA) MUHAMMED GONI COLLEGE OF LEGAL & ISLAMIC STUDIES & ANOR v. ALI & ORS CITATION: ADAMU JAURO In the Court of Appeal In the Jos Judicial Division Holden at Jos ON TUESDAY, 11TH JULY, 2017 Suit No: CA/J/121M/2016(R)

More information

IN THE NATIONAL INDUSTRIAL COURT OF NIGERIA

IN THE NATIONAL INDUSTRIAL COURT OF NIGERIA IN THE NATIONAL INDUSTRIAL COURT OF NIGERIA ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

More information

(2018) LPELR-44275(CA)

(2018) LPELR-44275(CA) ODIASE & ORS v. EDOGHOGHO CITATION: PHILOMENA MBUA EKPE In the Court of Appeal In the Benin Judicial Division Holden at Benin ON FRIDAY, 9TH MARCH, 2018 Suit No: CA/B/322/2016(R) SAMUEL CHUKWUDUMEBI OSEJI

More information

IN THE HIGH COURT OF JUSTICE. Between. And

IN THE HIGH COURT OF JUSTICE. Between. And REPUBLIC OF TRINIDAD AND TOBAGO IN THE HIGH COURT OF JUSTICE Claim No. CV 2012-00877 Between BABY SOOKRAM (as Representative of the estate of Sonnyboy Sookram, pursuant to the order of Mr. Justice Mon

More information

IN THE HIGH COURT OF JUSTICE OF THE FEDERAL CAPITAL TERRITORY ABUJA IN THE ABUJA JUDICIAL DIVISION HOLDEN AT APO - ABUJA

IN THE HIGH COURT OF JUSTICE OF THE FEDERAL CAPITAL TERRITORY ABUJA IN THE ABUJA JUDICIAL DIVISION HOLDEN AT APO - ABUJA IN THE HIGH COURT OF JUSTICE OF THE FEDERAL CAPITAL TERRITORY ABUJA IN THE ABUJA JUDICIAL DIVISION HOLDEN AT APO - ABUJA BEFORE: HON. JUSTICE O.C. AGBAZA COURT CLERKS: UKONU KALU & GODSPOWER EBAHOR COURT

More information

(2018) LPELR-44129(CA)

(2018) LPELR-44129(CA) RAKUMI v. BAYAWA CITATION: HUSSEIN MUKHTAR In the Court of Appeal In the Sokoto Judicial Division Holden at Sokoto ON WEDNESDAY, 28TH MARCH, 2018 Suit No: CA/S/117S/2013 MUHAMMED LAWAL SHUAIBU FREDERICK

More information

IN THE HIGH COURT OF THE FEDERAL CAPITAL TERRITORY HOLDEN AT ABUJA THIS THURSDAY, THE 25 TH DAY OF APRIL, 2013

IN THE HIGH COURT OF THE FEDERAL CAPITAL TERRITORY HOLDEN AT ABUJA THIS THURSDAY, THE 25 TH DAY OF APRIL, 2013 IN THE HIGH COURT OF THE FEDERAL CAPITAL TERRITORY HOLDEN AT ABUJA THIS THURSDAY, THE 25 TH DAY OF APRIL, 2013 BEFORE: HON. JUSTICE UGOCHUKWU A. OGAKWU - JUDGE MOTION NO. M/4719/2013 BETWEEN: 1. COSMOS

More information

IN THE SUPREME COURT OF BELIZE A.D. 2011

IN THE SUPREME COURT OF BELIZE A.D. 2011 IN THE SUPREME COURT OF BELIZE A.D. 2011 Claim No: 386 ( NINA SOMKHISHVILI Claimant/Respondent ( BETWEEN ( AND ( ( NIGG, CHRISTINGER & PARTNER Defendants/Applicants (YOSIF SHALOLASHVILI ( PALOR COMPANY

More information

RE: CONTEMPT JUDGEMENT AGAINST THE CHAIRMAN AND MANAGING DIRECTOR OF FIRST BANK OF NIGERIA LIMITED

RE: CONTEMPT JUDGEMENT AGAINST THE CHAIRMAN AND MANAGING DIRECTOR OF FIRST BANK OF NIGERIA LIMITED June 8, 2018 Lagos, Nigeria. RE: CONTEMPT JUDGEMENT AGAINST THE CHAIRMAN AND MANAGING DIRECTOR OF FIRST BANK OF NIGERIA LIMITED With respect to newspaper publications on the conviction of the Chairman

More information

The Attachment of Debts Act

The Attachment of Debts Act The Attachment of Debts Act being Chapter 59 of The Revised Statutes of Saskatchewan, 1920 (Assented to November 10, 1920). NOTE: This consolidation is not official. Amendments have been incorporated for

More information

(2018) LPELR-45450(CA)

(2018) LPELR-45450(CA) IBRAHIM & ANOR v. YARBAWA CITATION: HUSSEIN MUKHTAR In the Court of Appeal In the Sokoto Judicial Division Holden at Sokoto MUHAMMED LAWAL SHUAIBU FREDERICK OZIAKPONO OHO ON FRIDAY, 13TH JULY, 2018 Suit

More information

OLALEYE FAJIMOLU V. UNIVERSITY OF ILORIN COURT OF APPEAL (ILORIN DIVISION)

OLALEYE FAJIMOLU V. UNIVERSITY OF ILORIN COURT OF APPEAL (ILORIN DIVISION) Fajimolu v. unilorin 1 OLALEYE FAJIMOLU V. UNIVERSITY OF ILORIN COURT OF APPEAL (ILORIN DIVISION) MUHAMMAD SA1FULLAHI MUNTAKA-COOMASSIE, J.C.A. (Presided) TIJJANI ABDULLAH1, J.C.A. HELEN MORONKEJI OGUNWUMUU.

More information

(2017) LPELR-42606(CA)

(2017) LPELR-42606(CA) STATE v. ASUNMO & ORS CITATION: In the Court of Appeal In the Ibadan Judicial Division Holden at Ibadan CHINWE EUGENIA IYIZOBA HARUNA SIMON TSAMMANI NONYEREM OKORONKWO ON FRIDAY, 30TH JUNE, 2017 Suit No:

More information

(2016) LPELR-41249(CA)

(2016) LPELR-41249(CA) UKATA & ORS v. AKPANOWO & ORS CITATION: In the Court of Appeal In the Calabar Judicial Division Holden at Calabar ON WEDNESDAY, 23RD MARCH, 2016 Suit No: CA/C/195/2013 CHIOMA EGONDU NWOSU-IHEME ONYEKACHI

More information

THE REPUBLIC OF UGANDA IN THE HIGH COURT OF UGANDA AT KAMPALA (COMMERCIAL DIVISION) IN THE MATTER OF THE BANKRUPTCY ACT CAP 67 AND

THE REPUBLIC OF UGANDA IN THE HIGH COURT OF UGANDA AT KAMPALA (COMMERCIAL DIVISION) IN THE MATTER OF THE BANKRUPTCY ACT CAP 67 AND THE REPUBLIC OF UGANDA IN THE HIGH COURT OF UGANDA AT KAMPALA (COMMERCIAL DIVISION) IN THE MATTER OF THE BANKRUPTCY ACT CAP 67 AND THE MATTER OF A PETITION FOR A RECEIVING ORDER BY MARIA K MUTESI (DEBTOR)

More information

(2017) LPELR-43470(SC)

(2017) LPELR-43470(SC) CHROME AIR SERVICES LTD & ORS v. FIDELITY BANK CITATION: In the Supreme Court of Nigeria ON FRIDAY, 15TH DECEMBER, 2017 Suit No: SC.817/2014 MUSA DATTIJO MUHAMMAD Before Their Lordships: KUDIRAT MOTONMORI

More information

IN THE HIGH COURT OF JUSTICE FEDERAL CAPITAL TERRITORY IN THE ABUJA JUDICIAL DIVISION HOLDEN AT WUSE ZONE 2 ABUJA FCT/HC/CV/1072/2011

IN THE HIGH COURT OF JUSTICE FEDERAL CAPITAL TERRITORY IN THE ABUJA JUDICIAL DIVISION HOLDEN AT WUSE ZONE 2 ABUJA FCT/HC/CV/1072/2011 IN THE HIGH COURT OF JUSTICE FEDERAL CAPITAL TERRITORY IN THE ABUJA JUDICIAL DIVISION HOLDEN AT WUSE ZONE 2 ABUJA BEFORE HIS LORDSHIP: HON.JUSTICE D.Z. SENCHI COURT CLERKS: TSENYEN P. SALLAH COURT NUMBER:

More information

(2018) LPELR-45112(CA)

(2018) LPELR-45112(CA) MONSOUR v. FRN CITATION: In the Court of Appeal In the Lagos Judicial Division Holden at Lagos ON MONDAY, 21ST MAY, 2018 Suit No: CA/L/234CM/2018(R) MOHAMMED LAWAL GARBA JOSEPH SHAGBAOR IKYEGH YARGATA

More information

JUDGEMENT. (Delivered by KUMAI BAYANG AKAAI-IS, JSC) High Court, Ikeja Division on 8/8/2008. The charge was amended Oil /2008

JUDGEMENT. (Delivered by KUMAI BAYANG AKAAI-IS, JSC) High Court, Ikeja Division on 8/8/2008. The charge was amended Oil /2008 IN THE SUPREME COURT OF NIGERIA HOLDEN AT ABUJA ON FRIDAY, THE 13 TH DAY OF DECEMBER, 2013 BEFORE THEIR LORDSHIPS:- MAHMUD MOHAMMED MOHAMMED S. MUNTAKA-COOMASSIE JOHN AFOLABI FABIYI NWALI SYLVESTER NGWUTA

More information

(2017) LPELR-43293(CA)

(2017) LPELR-43293(CA) GONIMI & ORS v. MAKINTAMI CITATION: ADZIRA GANA MSHELIA UCHECHUKWU ONYEMENAM In the Court of Appeal In the Jos Judicial Division Holden at Jos ON THURSDAY, 8TH JUNE, 2017 Suit No: CA/J/173/2014(R) Before

More information

Notary Public for Nigeria and Senior Associate with the Dispute Resolution Department of S. P. A. Ajibade & Co., Lagos Office, Nigeria.

Notary Public for Nigeria and Senior Associate with the Dispute Resolution Department of S. P. A. Ajibade & Co., Lagos Office, Nigeria. Dispute Resolution 17 th December 2018 Introduction Propriety of Claiming Solicitor s Fees as part of Cost of Action from the Losing Litigant: Recent Judicial Position on Standard of Proof required from

More information

BERMUDA RULES OF THE COURT OF APPEAL FOR BERMUDA BX 1 / 1965

BERMUDA RULES OF THE COURT OF APPEAL FOR BERMUDA BX 1 / 1965 QUO FA T A F U E R N T BERMUDA RULES OF THE COURT OF APPEAL FOR BERMUDA BX 1 / 1965 [made under section 9 of the Court of Appeal Act 1964 and brought into operation on 2 August 1965] TABLE OF CONTENTS

More information

IN THE COURT OF APPEAL ROY FELIX. And. DAVID BROOKS Also called MAVADO

IN THE COURT OF APPEAL ROY FELIX. And. DAVID BROOKS Also called MAVADO THE REPUBLIC OF TRINIDAD AND TOBAGO IN THE COURT OF APPEAL CA No. S 256/2017 Between ROY FELIX And DAVID BROOKS Also called MAVADO Claimant Defendant PANEL: BEREAUX J.A. NARINE J.A. RAJKUMAR J.A. APPEARANCES:

More information

Cayman Islands Grand Court Rules 1995

Cayman Islands Grand Court Rules 1995 Cayman Islands Grand Court Rules 1995 (Revised Edition) Volume 2 GCR 1995 (Revised 08.09.03) APPENDIX I PRESCRIBED FORMS (O.1, r.10) GENERAL INDEX 1. Writ of summons (O.6, r.1) 2. Originating summons

More information

Nigeria Weekly Law Report Yakubu vs Ashipa 1 1. ALHAJA SAFURAT OLUFUNKE YAKUBL 2. ALHAJ 1 MOMODIJ OVVODINA

Nigeria Weekly Law Report Yakubu vs Ashipa 1 1. ALHAJA SAFURAT OLUFUNKE YAKUBL 2. ALHAJ 1 MOMODIJ OVVODINA 1 1. ALHAJA SAFURAT OLUFUNKE YAKUBL 2. ALHAJ 1 MOMODIJ OVVODINA V 1. BAALE SSULAIMAH Y.O. ASHIPA 2. YEKINI ASHIPA 3. MUDASHIRU YARO 4. GANI ASHIPA 5. KOLA OLUSHIN 6. SAKA OWODINA 7. FATAI ASHIPA 8. PERSONS

More information

IN THE SUPERIOR COURT OF JUDICATURE IN THE SUPREME COURT ACCRA, AD 2015 CORAM: DOTSE JSC (PRESIDING) BAFFOE-BONNIE JSC GBADGEBE JSC

IN THE SUPERIOR COURT OF JUDICATURE IN THE SUPREME COURT ACCRA, AD 2015 CORAM: DOTSE JSC (PRESIDING) BAFFOE-BONNIE JSC GBADGEBE JSC IN THE SUPERIOR COURT OF JUDICATURE IN THE SUPREME COURT ACCRA, AD 2015 CORAM: DOTSE JSC (PRESIDING) BAFFOE-BONNIE JSC GBADGEBE JSC SINGLE JUDGE REVIEW MOTION NO. J7/4/2015 21 ST JANUARY 2015 GHANA COMMERCIAL

More information

(2017) LPELR-42000(CA)

(2017) LPELR-42000(CA) ABUBAKAR & ANOR v. A.G OF FEDERATION CITATION: In the Court of Appeal In the Ilorin Judicial Division Holden at Ilorin ON THURSDAY, 2ND MARCH, 2017 Suit No: CA/IL/C.13/2016 MOJEED ADEKUNLE OWOADE CHIDI

More information

IN THE HIGH COURT OF JUSTICE OF THE FEDERAL CAPITAL TERRITORY ABUJA IN THE ABUJA JUDICIAL DIVISION HOLDEN AT APO - ABUJA

IN THE HIGH COURT OF JUSTICE OF THE FEDERAL CAPITAL TERRITORY ABUJA IN THE ABUJA JUDICIAL DIVISION HOLDEN AT APO - ABUJA IN THE HIGH COURT OF JUSTICE OF THE FEDERAL CAPITAL TERRITORY ABUJA IN THE ABUJA JUDICIAL DIVISION HOLDEN AT APO - ABUJA BEFORE: HON. JUSTICE O.C. AGBAZA COURT CLERKS: UKONU KALU & GODSPOWER EBAHOR COURT

More information

MORATORIUM UNDER THE INSOLVENCY AND BANKRUPTCY CODE

MORATORIUM UNDER THE INSOLVENCY AND BANKRUPTCY CODE MORATORIUM UNDER THE INSOLVENCY AND BANKRUPTCY CODE RP Vats & Yashika Sarvaria VGC Law Firm The Insolvency and Bankruptcy Code (hereinafter I&B Code ) came into effect from 1 st December, 2016. It incorporates

More information

COURTS OF LAW AMENDMENT BILL

COURTS OF LAW AMENDMENT BILL REPUBLIC OF SOUTH AFRICA COURTS OF LAW AMENDMENT BILL (As introduced in the National Assembly (proposed section 75); explanatory summary of Bill published in Government Gazette No. 39943 of 22 April 2016)

More information

(2017) LPELR-42284(CA)

(2017) LPELR-42284(CA) AGWALOGU & ORS v. TURA INT'L LTD NIGERIA & ORS CITATION: In the Court of Appeal In the Owerri Judicial Division Holden at Owerri ON THURSDAY, 23RD MARCH, 2017 Suit No: CA/OW/217/2010 Before Their Lordships:

More information

(2017) LPELR-43654(CA)

(2017) LPELR-43654(CA) ETUK v. UDO & ORS CITATION: In the Court of Appeal In the Calabar Judicial Division Holden at Calabar ON WEDNESDAY, 12TH JULY, 2017 Suit No: CA/C/241/2012 CHIOMA EGONDU NWOSU-IHEME STEPHEN JONAH ADAH Before

More information

(2017) LPELR-43729(CA)

(2017) LPELR-43729(CA) OJONG v. NTUI & ORS CITATION: In the Court of Appeal In the Calabar Judicial Division Holden at Calabar ON WEDNESDAY, 25TH OCTOBER, 2017 Suit No: CA/C/17/2014 CHIOMA EGONDU NWOSU-IHEME STEPHEN JONAH ADAH

More information

IN THE REPUBLIC OF TRINIDAD AND TOBAGO IN THE COURT OF APPEAL BETWEEN MAY JOSEPHINE HUMPHREY AND

IN THE REPUBLIC OF TRINIDAD AND TOBAGO IN THE COURT OF APPEAL BETWEEN MAY JOSEPHINE HUMPHREY AND IN THE REPUBLIC OF TRINIDAD AND TOBAGO IN THE COURT OF APPEAL Civil Appeal No. 198 of 2011 BETWEEN MAY JOSEPHINE HUMPHREY Appellant AND TRINIDAD AND TOBAGO NATIONAL PETROLEUM MARKETING COMPANY LIMITED

More information

(2016) LPELR-40290(CA)

(2016) LPELR-40290(CA) LAWAL v. OAU ILE-IFE CITATION: MOJEED ADEKUNLE OWOADE MOHAMMED AMBI-USI DANJUMA JAMES SHEHU ABIRIYI In the Court of Appeal In the Akure Judicial Division Holden at Akure ON THURSDAY, 14TH APRIL, 2016 Suit

More information

BETWEEN: 1. CHIEF EBENEZER OGBONNA 2 ELDER EPELLE AGIRIGA === 1 ST SET OF 3. CHIEF JOSAIAH NWOGU PLAINTIFFS 4. ELDER NWOBILOR NWELE

BETWEEN: 1. CHIEF EBENEZER OGBONNA 2 ELDER EPELLE AGIRIGA === 1 ST SET OF 3. CHIEF JOSAIAH NWOGU PLAINTIFFS 4. ELDER NWOBILOR NWELE IN THE FEDERAL HIGH COURT OF NIGERIA IN THE UMUAHIA JUDICIAL DIVISION HOLDEN AT UMUAHIA ON WEDNESDAY THE 29 TH DAY OF JANUARY, 2014 BEFORE THE HONOURABLE JUSTICE F. A. OLUBANJO JUDGE SUIT NO: FHC/UM/CS/64/2005

More information

COURT OF APPEAL RULES, 1997 (C.I 19)

COURT OF APPEAL RULES, 1997 (C.I 19) COURT OF APPEAL RULES, 1997 (C.I 19) IN exercise of the powers conferred on the Rules of Court Committee by Article 157(2) of the Constitution these Rules are made this 24th day of July, 1997. PART I-GENERAL

More information

(2018) LPELR-45291(CA)

(2018) LPELR-45291(CA) KAAN INTL DEVELOPMENT LTD v. LITTLE ACORNS TURNKEY PROJECTS LTD & ANOR CITATION: In the Court of Appeal In the Abuja Judicial Division Holden at Abuja ON WEDNESDAY, 27TH JUNE, 2018 Suit No: CA/A/82/2014

More information