Kh Management And Integrated Services Limited V. J. Moyero General Enterprises & Ors (2017)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

MOJEED ADEKUNLE OWOADE, J.C.A. (Delivering the Leading Judgment)

This is an Appeal against the decision/Ruling of the Kwara State High Court presided over by Justice S. T. Abdulkadir delivered on 30/07/2015.

The 1st Respondent initiated garnishee proceeding as a judgment creditor before the lower Court against the Appellant, 2nd and 3rd Respondent. The Court below issued garnishee order nisi on the 14th day of May, 2015 against the Appellant and 3rd Respondent.

Upon been served with the order nisi, the Appellant filed its affidavit to show cause on 12th day of June, 2015 while the 3rd defendant filed its affidavit to show cause on 1st June, 2015.

On the date of hearing of the application to make the garnishee order absolute, two documents were tendered which purportedly linked the Appellant and the 2nd Respondent. The documents were admitted and marked Exhibits KH1 and 2. Exhibit KH1 was tendered by the Manager of the Appellant pursuant to a subpoena served on him by the Court while Exhibit 2 was tendered from the bar.

The Appellant contended that the proper parties were not before the trial Court and

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that the judgment debtor was not served with order nisi thereby vitiating the hearing for the purpose of making the garnishee order absolute.

The Appellant equally deposed to the fact of its own indebtedness to the judgment debtor neither did it have the judgment debtor money in its custody nor were they the same entity.

In considering the application of the 1st respondent as Claimant/Judgment Creditor/Applicant, to make the garnishee Order nisi absolute, the learned trial Judge held at pages 38 to 39 of the Records as follows:-

I have duly evaluated the materials placed before me and in addition gave due consideration to the submissions of both learned Counsel for and against the grant of order absolute

On proper scrutiny of Exhibit KH1, I can see clearly written inside the logo, initials KHM INTEGRATED and at the lower part is written KWARA HOTEL RC.781751.

It is instructive to point out here that the depositions at Paragraph 1 of the 2nd garnishee affidavit evidence says that the 2nd garnishee is a registered company with RC. NO. 781751.The Court can safely rely on this piece of evidence in the just

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