NICON INSURANCE PLC v. NASARA & 81 ORS

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Facts:

At the lower Court the 1st – 79th respondents sued the appellant and three others for salary owed. Judgment was entered in favour of the said respondents against the appellant and the other defendants in the suit. They were ordered to pay the salaries and allowances of the respondents, calculated in accordance with their terms of employment. The appellant filed a motion to dismiss the garnishee order against the 80th and 81st respondents on the ground of lack of jurisdiction of the Court. At the hearing and before the appellant moved the motion, the 1st – 79th respondents raised an objection to the motion on the ground that the appellant lacked the locus standi to maintain the same on the basis that the appellant, though an interested person, was not a party to the garnishee proceedings for the purpose of being heard. The lower Court overruled this objection and proceeded to consider the motion ex parte. The said motion was dismissed by the lower Court.

For the purpose of the enforcement of the judgment of the Court, the 1st – 79th respondents filed a motion ex – parte at the lower Court for an order nisi attaching the total sum of N37,650,887.52 standing to the credit of the judgment debtors in the garnishees/respondents and another bank. The trial Court granted the motion as prayed.

Dissatisfied, the appellant appealed to the Court of Appeal.

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