First Bank Of Nigeria PLC V. Hon. Aniedi Okon Etim (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

JOSEPH OLUBUNMI KAYODE OYEWOLE, J.C.A.(Delivering the Leading Judgment)

This is in respect of an appeal against the decision of the High Court of Akwa Ibom State sitting at Uyo in the Uyo Judicial Division delivered by I E. UKANA J. on the 29th March, 2010 in respect of a garnishee application brought by the respondent to satisfy the judgment debt of N3,549,437.50 awarded in Suit No. HU/UND.56/08 against Uyo Local Government for respondent’s outstanding remunerations as Councilor in the said Uyo Local Government between 1999 and 2002.

After being satisfied that the garnishee order nisi had been served, the learned trial Judge made a garnishee order absolute against the appellant in the sum of N3,499,437.50 being the outstanding sum in respect of the said judgment from the sums standing to the credit of the judgment debtor, Uyo Local Government, Akwa Ibom State in its account no 6172040000019 at the branch of the appellant at Udo Odoma Avenue or any other account maintained in the name of the judgment debtor with the appellant.

Dissatisfied, the appellant filed a notice of appeal on the 7th April, 2010 containing 3 grounds of

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appeal.

At the hearing of the appeal, the appellant was unrepresented upon which its amended appellant’s brief filed on 30th January, 2013 settled by Otu Inwang Esq was deemed adopted as the arguments of the appellant in the appeal pursuant to Order 18 Rule 9 (4) of the Court of Appeal Rules, 2011.

Mr. Obot the learned counsel for the respondent on his part adopted the amended respondent’s brief filed on the 17th April, 2013 as the arguments of the respondent in this appeal. He urged the Court to dismiss the appeal.

The appellant submitted 3 issues for determination as follows:

1. Whether the service of Garnishee Order Nisi dated 12/11/2009 on the 1st garnishee/appellant at her branch office of Udo Udoma Avenue, Uyo, Akwa Ibom State was proper for the conduct of the garnishee proceedings.
2. Whether the order of trial Court made on 12/11/2009 is not binding on the parties and the Court.
3. Whether order absolute made on the 29/3/2010 was valid and or in compliance with Section 86 of the Sheriffs and Civil Process Act.

On the part of the respondent, Mr. Obot submitted 2 issues for determination as follows:

1. Whether

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grounds ‘a’ and ‘b’ of the grounds of appeal are competent in law.

2. Whether the lower Court was right in making the garnishee order nisi to become absolute in Suit No. HU/MISC.705/2009.

To ensure that all the grievances of the appellant are adequately addressed, the issues formulated by the appellant’s counsel shall be adopted for the determination of this appeal but in view of the overlapping arguments in respect thereof, they shall be taken together.

The learned counsel for the appellant submitted that by virtue of Order VIII Rule 4 (1) of Judgment (Enforcement) Procedure Rules, service on a company shall be in accordance with the Rules of Court regulating service of ordinary summons which at the material time was Order 12, Rule 8 of the High Court (Civil Procedure) Rules of Akwa Ibom State 1989 and stipulated service at the registered office thereof.