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ARTICLE · 05 MARCH 2020

Are Judgment Creditors Duty-Bound To Provide Judgment Debtors' Account Number In Garnishee Proceedings?

An Order Nisi is no less an order of Court and the Appellant is bound by it.

NigeriaLitigation, Mediation & Arbitration

Many Judgement Creditors have been frustrated in their bid to reap the fruits of judgments via garnishee proceedings by reason of their understandable inability to provide account particulars of the respective Judgment Creditors in the applications especially where the trial court insists on having such particulars before granting the requests.

In a decision handed down by Enugu division of the Court of Appeal on the 4th day of May 2017 in Fidelity Bank Plc v Chief Emmanuel Eze Onwuka (2017) LPELR-42839(CA), the poser appears to have been repeatedly addressed and resolved by the court as would be seen later on.

Facts

The Respondent obtained a judgment against Anambra State and subsequently obtained an Order Nisi at the High Court directing Fidelity Bank to show cause why an order absolute should not be made.

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