Oceanic Bank Plc. V. Michael Olusegun Oladepo & Anor (2012)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

ITA G. MBABA, J.C.A (Delivering the Leading Judgment)

Appellant who was the Garnishee at the Kwara State High Court, brought this appeal against the decision of Honourable Justice S. D. Kawu (Acting Chief Judge) delivered on 9/2/2011, wherein the learned trial court made an earlier Garnishee Order Nisi Absolute, against the Appellant. The 1st Respondent (Judgment creditor) had obtained Judgment in suit No. KWS/129/09 in the N4, 920,000.00 (Four Million Nine Hundred and Twenty Thousand Naira) with 10% interest thereon from the date of judgment (30/9/2010), against the 2nd Respondent (judgment Debtor).

The judgment was also delivered by S. D. Kawu J. The 1st Respondent, as Judgment Creditor, initiated the Garnishee proceeding against 3 banks, including the Appellant and the 2nd Respondent in Suit No. KWS/60M/2010 to recover the judgment debt from the Appellant (as one of the Garnishees) being one of the 2nd Respondent’s Bankers, in custody of the 2nd Respondents money.

The learned trial Court made the Order Nisi on 30/11/2010 against the Appellant. On the assumption that the Appellant had been served with the order Nisi to show cause, why it should not pay the judgment sum, the learned trial judge made the order Nisi, absolute, against the Appellant based on the failure of the Appellant to appear before the lower Court to show cause.

Appellant, being displeased with the Order Absolute, obtained the leave of this Court, on 17/4/2012, to appeal against the Garnishee Order Absolute. Appellant filed Notice of Appeal on 10/4/2012, pursuant to the leave granted, and disclosed 3 Grounds of Appeal, namely:

“(1) The Honourable Court erred in law by making the Garnishee Order Nisi Absolute, when it had no jurisdiction for doing so.

PARTICULARS

(a) The Respondent did not establish his entitlement to the Garnishee Order Absolute.

(b) There the is no material before the trial court showing that the garnishee is indebted to the judgment Debtor/Respondent in any way.

(c) Necessary materials for the making of the Order Absolute were not before the Court.

(d) The decision of the trial court has occasioned miscarriage of justice on the Appellant.

The Honourable trial judge erred the (sic) law by holding that the Garnishee Appellant has not shown any cause as to why the order Nisi should not be made Absolute against her thereby coming to a wrong decision which has occasioned a grave miscarriage of justice.

PARTICULARS

(a) The 1st Respondent/Judgment creditor was the Claimant in the Garnishee proceedings.