Bauchi State Governor & Anor V. Yusgate Nigeria Limited & Ors (2017)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

ELFRIEDA OLUWAYEMISI WILLIAMS-DAWODU, J.C.A. (Delivering the Lead Ruling)

By Motion on Notice dated June 14th 2016 and filed June 15th 2016, the Applicants herein, pursuant to Section 15 of the Court of Appeal Act and Order 11 Rule 10 of the Judgment Enforcement Rule, Cap 56 LFN, 2004 and under the inherent jurisdiction of the Honorable Court, seek in the main, the following orders.

1. An order directing the 1st Respondent to release to the Applicants the sum of N161, 280, 000 (One hundred and sixty one million, two hundred and eighty thousand Naira), being the judgment sum received by the 1st Respondent sequel to a garnishee order absolute made by the High Court of the Federal Capital Territory Abuja on the 29th January, 2014 on the basis of the Bauchi State High Court judgment delivered in Suit No. BA/139/2011 which gave rise to Appeal No. CA/106/2013

IN THE ALTERNATIVE

2. An order directing the 1st Respondent to deposit the judgment sum of N161, 280, 000 (One hundred and sixty one Million, two hundred. and eighty thousand Naira) only in Suit No. BA/139/2011 received by the 1st Respondent on the basis of the Bauchi State

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High Court judgment delivered in Suit No. BA/139/2011 into the registry of this Hon. Court pending the determination of the 1st Respondent (sic) appeal to the Supreme Court.

Six (6) grounds have been stated for the instant application as contained on the Motion paper.

In support of this application is an 18 paragraph affidavit dated June 15th 2016 together with attached are Exhibits BSG l, BSG II, G, H(i), H (ii), H(iii), I(i), I(ii), I (iii), I(iv), J, BSG III, IV, V, VI, A, B, C, D, E,F,G, BSG VIII and BSG IX.

?Pursuant to the order of this Court and given the contentious nature of this application, written addresses were ordered. The Applicants’ written address dated October 13th 2016 was filed on the same date. The 1st Respondent, in response to the Applicants’ application, on June 28th 2016, filed Counter-affidavit of 37 paragraphs and of the same date, together with attached are Exhibits A, being the leave of this Court to the Applicants to compile and transmit their Record of Appeal and a deeming order in that regard, Exhibit B, A Motion on Notice with the affidavit in support, for time to compile and transmit Record to the Abuja

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Division of this Court and filed February 11th 2015. The 1st Respondent’s written address dated October 22nd 2016 was filed on October 2016 24th.

ISSUES SUBMITTED FOR DETERMINATION

The Applicants submitted a singular issue as follows:

Whether this Hon. Court can enforce and/or give effect its (sic) judgment.

The 1st Respondent’s issue is as follows: