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ORDER NISI AFFORDS THE THIRD PARTY AN OPPORTUNITY TO EXPLAIN WHY

Dictum

By the order nisi, the third party i.e. the garnishee is given an opportunity to tell the Court, in the enforcement or garnishee proceedings, why the order should not be made absolute by directing him to pay the judgment debt or part thereof to the Judgment Creditor. In other words, garnishee order nisi affords the third party (the garnishee) an opportunity to explain or give his reason to the Court why he should not be directed to bear the burden of paying the judgment debt (on behalf of the judgment debtor) to the Judgment Creditor. See: UNION BANK OF NIGERIA PLC. V. BONEY MARCUS INDUSTRIES LTD (2005) ALL FWLR (PT. 278) 1037, (2005) 13 NWLR (PT. 943) 654 AT 666; EMMANUEL OBOH & ANOR V. THE NIGERIA FOOTBALL LEAGUE LIMITED & ORS (2020) LPELR-55520(SC).

— U. Onyemenam JCA. UBA Plc v. Uche & Ors (CA/A/869/2018, February 25 2022)

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ORDER NISI & DOMICILE

The court cannot grant an order nisi without resolving the issue of Domicile.

— O.O. Adekeye, JCA. Omotunde v. Omotunde (2000) – CA/I/M.57/2000

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