Suntrust Bank Nigeria Limited v. Barr Stephen Sunday Dada (2025)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

JOSEPH OLUBUNMI KAYODE OYEWOLE, JCA (Delivering the leading judgment)

This is in respect of an appeal against the judgment of the High Court of the Federal Capital Territory, Abuja Judicial Division, sitting at Maitama delivered on the 15th September, 2020 and 22nd October, 2020 respectively by Hon. Justice Y. Halilu, J.

The respondent was beneficiary of a judgment sum following his successful litigation against one Mr. Dennis Agbo Nnamdi.

The respondent thereafter took out garnishee proceedings for an order nisi against twenty-five commercial banks in Nigeria including the appellant who was the 21st garnishee. The order nisi was granted and the action was adjourned till 24th March, 2020 for the Garnishees to show cause.

The matter however did not come up in court again until the 15th September, 2020 on which date the appellant had no legal representation and had not led any affidavit to show cause.

Whereupon the lower court discharged all the other garnishees which had led affidavits to show cause while the garnishee order was made absolute against the appellant and nine other banks which failed to file affidavits to show cause.

On the 22nd October, 2020 the appellant moved a motion led on the 23rd September, 2020 wherein it sought for the following reliefs:

1. An order of this honourable court setting aside the Garnishee Order Absolute made by this honourable court on the 15th day of September, 2020 against the garnishee/applicant (Suntrust Bank Nigeria Ltd) to make available the amount standing in credit of N2,313,760 (Two million, three hundred and thirteen thousand, seven hundred and sixty naira) only to the judgment creditor.
2. An order of this honourable court extending time for the garnishee/applicant to file and serve its affidavit to show cause on the judgment creditor/respondent and judgment debtor/respondent attached hereto and marked as exhibit Suntrust 2.
3. An order of this honourable court deeming the garnishee/applicant’s affidavit to show cause filed and served out of time as properly filed and served on the judgment creditor/respondent and judgment debtor/ respondent.
4. An order of this honourable court discharging the garnishee/applicant from the garnishee proceedings before this honourable court.
5. And for such further or other orders as the honourable court may deem fit to make in the circumstances.

The stated grounds for the said applications are as follows:

(a) The garnishee order nisi dated the 26th day of February, 2020 was served on the garnishee/applicant on 6th day of March, 2020.

(b) Upon service of the garnishee order nisi, the garnishee/applicant sent out an email briefing The Metropolitan Law Firm to handle the garnishee proceedings on its behalf.

(c) The Metropolitan Law Firm was unable to file an affidavit to show cause as a result of the fact that the email instruction sent by the garnishee/applicant was not delivered to the mail box of the Managing Partner of The Metropolitan Law Firm.

(d) No hearing notice was served on the garnishee/applicant nor its counsel for the garnishee proceedings held on the 15th day of September, 2020 when the garnishee order absolute was made against the garnishee/applicant.

(e) The honourable court made the garnishee order absolute against the garnishee/applicant on the 15th day of September, 2020 and the certified true copy of the enrolled order was served on the garnishee/applicant.

(f) The garnishee order absolute was obtained in default of appearance of the garnishee/applicant.