Skye Bank PLC V. Yavat B. David & Ors (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

AMINA AUDI WAMBAI, J.C.A.(Delivering the Leading Judgment)

In the Garnishee proceedings at the High Court of Kaduna State sitting at Kaduna, before Hon. Justice Isa Aliyu (now called the Lower Court) in suit No. KDH/KD/941/2010 in which the 1st, 2nd and 3rd Respondents were the Judgment creditors and the 4th and 5th Respondents were the Judgment Debtors, the Appellant was the Garnishee against whom a garnishee order Nisi was made. on the 19th January, 2011 (19/01/2011), the Order Nisi was made absolute against the Appellant.

The Appellant’s application to have the Order absolute set aside was dismissed on the 19th January, 2012 (19/012012). This appeal is against the Rulings of the 19/01/2011 making the Nisi Order absolute and that of 19/01/2012 refusing to set aside the Order absolute.

The Appellant commenced this appeal by a Notice filed by its Counsel, Anigbogu Jude Obinna Esq. on the 21st February, 2013 which was by leave of this Court amended on the 01/07/2015. The amended Notice of Appeal is predicated upon 4 grounds.

?In compliance with the Rules of this Court, both parties filed their respective brief of argument. The Appellant’s brief of

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argument dated 29th May, 2014 and filed on 30/04/2014 but deemed properly filed and served on 20/10/2014 was settled by Anigbogu Jude Obinna Esq. The 1st, 2nd and 3rd Respondents’ brief of argument dated 14/11/2014 and filed on 17/11/2014 was settled by Emmanuel B. Kantiok Esq wherein a Preliminary Objection to the hearing of the appeal was also argued. In response, the Appellant’s Counsel filed a reply brief on 08/12/2014.

In ventilating his grievance against the Judgment of the lower Court, the Appellant’s Counsel in his brief of argument distilled two issues for determination as follows:-

“(1) Whether the Judgment of the Lower Court was not a Judgment in default and as such could be set aside by the same Court.

(2) Whether the Order absolute made by the Court below was not in error considering the fact that the whole of the judgment Debtor’s money with the Garnishee/Appellant had already been attached in an earlier Order absolute made by the High Court of Kano State.”

The 4th and 5th Respondents did not file any brief.

?In the event that their Preliminary Objection fails, the 1st, 2nd and 3rd Respondents adopted the two issues

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formulated by the Appellant’s Counsel.