Nigeria Court of Appeal overturns prior rulings in corporate and banking disputes

The Abuja Division of Nigeria’s Court of Appeal set aside two earlier judgments in separate cases. In one matter, the court reversed a Federal High Court decision that had struck out T. M. Lewin Nigeria Limited’s claim after questioning the proper grant of an Anton Piller order against Smartmark Limited. The appellate judges examined whether the ex‑parte order and subsequent motions were correctly obtained and whether the lower court erred in discharging the order and striking out the suit.

In a second case, Justice Okon Abang ruled that a garnishee order of about N100 million against the Central Bank of Nigeria, issued to enforce a debt claimed by the Imo State Government, was unsupported by credible evidence. The appeal found the trial court had acted on speculation, noting the bank does not hold an account for the state and that the alleged funds from the Federation Account Allocation Committee were not proven attachable.