Emenike Mbanugo & Co V. First Bank Of Nigeria PLC (2014)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

RITA NOSAKHARE PEMU, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the Judgment of G. M. Onyeabo .J. delivered on the 13th of March 2009, at the High Court of Justice Ikeja in Suit No ID/1596/2002.

Facts culminating in the bringing of this appeal are apt.

The Appellant was Claimant in the lower Court and by Writ of summons and statement of claim dated 24th September 2002, he claimed against International Airports Consultants Limited as Defendant as follows:-

(a) The sum of N74,649.60 and interest thereon at the rate of 20% per month from the 25th day of April, 2001 until Judgment and thereafter at the rate of 7% per annum until the Judgment sum is fully paid.

(b) The cost of instituting and prosecuting this suit. – Pages 1-4 of the Record of Appeal.

The Defendant is not a party to this appeal. This is because the Defendant from records, filed no Statement of Defence but only entered conditional appearance on the 21st of May 2003.

The Appellant took out a summons for Judgment, which was granted him vide Judgment delivered by Kekere-Ekun J. (as she then was) on the 29th of March 2004.

On the 17th of January 2005, Hon. Justice lshola granted the Appellant a garnishee order nisi, against the Defendant’s fund with the Respondent, which order was subsequently made absolute on the 5th of October 2006.

In reaction to this, the Judgment debtor filed a motion for stay of execution, and a motion was filed by the Appellant to strike out same.

The Respondent then filed a Notice of Preliminary Objection dated 8th March 2007 challenging the application brought by the Appellant. The Court overruled same in its Ruling dated 13th July 2007 – pages 221-224 of the Record of Appeal. The Court delivered its Ruling on the 18th of October 2007 – page 237 of the Record of Appeal. The Respondent raised a draft dated 24th October 2007 in satisfaction of the Garnishee Order absolute.

Other pending applications came before the Court, who adjourned same to the 21st of November 2007 for hearing.

On the 21st of November 2007, the Lower Court could not hear the applications due to movement of Judges to new stations. The matter had to be heard de novo.

On the 21st of November 2007, the Appellant commenced contempt proceedings against the Respondent’s Managing Director who responded by filing a counter affidavit and written addresses – pages 259-263 of the Record of Appeal.