James Bassey Uwak (a.k.a. James Bassey) & Ors V. Pius I. Sampson & Ors (2016) LLJR-CA

LawGlobal-Hub Lead Judgment Report

JOSEPH OLUBUNMI KAYODE OYEWOLE, J.C.A. 

This is in respect of an appeal against the decision of the High Court of Akwa Ibom State, Uyo Judicial Division delivered on the 19th December, 2012.

The appellants who had successfully litigated against the 1st-3rd respondents in respect of violation of their fundamental rights were awarded the sum of N3,000,000.00 (Three million Naira) as compensation and cost of N12,000.00 (Twelve thousand Naira) by the trial Court. Thereafter they took out garnishee proceedings in respect of bank accounts held by the 4th and 5th respondents and after obtaining orders nisi, the garnishees made returns which were considered by the trial Court, resulting in the refusal of orders absolute. The 4th respondent had earlier been discharged and the subsequent decision discharging the 5th respondent and terminating the garnishee proceedings was delivered as afore-stated on the 19th December, 2012.

This apparently did not go down well with the appellants who then invoked the appellate jurisdiction of this Court via notice of appeal filed on the 5th March, 2013 containing 6 grounds.

1

At the hearing of the appeal, Miss Udoeyop who held brief for Mr. Offiong the learned counsel for the appellants, adopted the appellants’ brief settled by Mr. Offiong filed on the 7th June, 2013 as well as the appellants’ reply brief filed on the 6th August, 2013 as the appellants arguments in furtherance of their appeal.

The 2nd and 3rd respondents were the only respondents who contested the appeal and although their counsel was absent at the hearing of the appeal despite being served with the requisite hearing notice, their brief filed on the 17th July, 2013 was deemed adopted pursuant to Order 18 Rule 9 (4) of the Court of Appeal Rules, 2011.

The appellants formulated 6 issues for determination from each of their grounds of appeal which issues were adopted by the 2nd and 3rd respondents. The said issues are as follows:

”1. Whether the Nigeria Police Force in Akwa Ibom State is different from the Nigeria Police Force established under Section 214 (1) of the 1999 Constitution of Nigeria (as amended) and Section 3 of the Police Act.

2. Whether it was necessary for the Appellants to state the portion of the money belonging to the 2nd and

2

3rd Judgment debtors/respondents in the account sought to be attached when the 2nd Garnishee/respondent had stated in her affidavit to show cause that she has sufficient amount in the account to satisfy the judgment debt and that the judgment debt was set aside for payment.

3. Whether there was anything that made the trial Court unable to make the order nisi made on 22nd October, 2012 absolute in respect of the 2nd Garnishee/respondent who stated in her affidavit to show cause that the 2nd and 3rd judgment debtors/respondents have sufficient funds in the account and that the judgment debt has been set aside for payment.

4. Whether it was proper for the trial Court to use the evidence which was used for the hearing and determination of an interlocutory application struck out by the trial Court to determine the garnishee proceedings.