Guaranty Trust Bank Plc V. Est Master Construction Limited (2018)

LAWGLOBAL HUB Lead Judgment Report

AMINA ADAMU AUGIE, J.S.C.

The Respondent commenced garnishee proceedings at the High Court of Rivers State against the Applicant and some other banks, to enforce the Judgment sum of N99, 600. 457.05 obtained against its customer, Admiralty Fleet Ltd. (Judgment Debtor). The trial Court granted the Motion ex-parte on 6/5/2013, and made a Garnishee Order Nisi against the Applicant, who was the first Gamishee, and other Garnishee Banks.

Upon being served, the Gamishee Banks filed their Affidavits to show cause as to why the said order Nisi should not be made Absolute. In the Applicant’s Affidavit deposed to by its external counsel based on information provided by one of its Legal Officers, Eddy Henshaw, it was averred that the Judgment Debtor had an Account with the Bank, and that the sum of N99, 600, 457.05 in the Account had been blocked.

However, the Applicant later filed a Further and Better Affidavit, wherein it averred that the earlier Affidavit was incorrect because the said Eddy Henshaw inadvertently lifted the Judgment sum stated on the Order Nisi and mistakenly reproduced it as available in the

1

Judgment Debtor’s Account. The Affidavits were deposed to by same Deponent. On 7/1/2014, the trial Court discharged three Gamishees and ordered

In respect of the 1st Garnishee, Guaranty Trust Bank Plc., in view of the self-contradictory position taken by the said bank through its Legal Officer, Eddy Henshaw, he is hereby ordered to appear before this Court on 13/1/2014 so that he may clarify his explanation on oath for the contradictory information supplied by him to the Deponent, Joseph George, and precisely cross-examined by the Garnishor in this Application. This case is adjourned to 13/1/2014 for Eddy Henshaw to appear before this Court and for Ruling on the Garnishee Application in respect of the 1st Garnishee, GTB Plc.

On 13/1/2014, Eddy Henshaw did not appear in Court as ordered and the Applicant’s counsel informed the trial Court that he was no longer in the Applicant’s employment. Learned counsel addressed the Court, and in the Court Ruling delivered the same day -13/1/2014, the learned trial Judge, Georgewill, J. (as he then was) concluded as follows –

GTB Plc.’s Further Affidavit, which has refused to utilize the

2

opportunity offered to them by the Court to clarify the contradictions is a complete afterthought and it is hereby discountenanced. I believe the Affidavit to show cause to the effect that Judgment Debtor has in its Account the Judgment sum of which has been duly blocked by the GTB Plc., in due difference (sic) to the Order Nisi duly served on it. In the circumstances, therefore, there are no justifiable logical reasons or ground instituting against the making of the Order Nisi absolute against the 1st Garnishee, GTB Plc. Consequently, the Order Nisi made on 6/5/2013 by this Court against the GTB Plc., to show cause is hereby made absolute.

The Applicant’s Appeal to the Court of Appeal was dismissed but the Applicant did not appeal against its decision to this Court within time, which is why it has now filed this Application praying inter alia for extension of time to seek leave to appeal against the said Judgment; leave to appeal; and extension of time to appeal against the Judgment.

It also seeks the leave of this Court to introduce and argue a fresh Ground of Appeal (Relief 4); deeming prayers in respect of its Notice of Appeal already filed and

3