Total Upstream Nigeria Limited V. A.I.C Limited & Ors (2015)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

SAMUEL CHUKWUDUMEBI OSEJI, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the Ruling of the High Court of Lagos State delivered by A.A ALABI CJ on the 4th day of November, 2005 wherein an earlier Garnishee Order nisi was made Absolute against the Appellant and others.

The Genesis of this Appeal flows from the judgment of the Lower Court delivered by C.O. Segun CJ. on the 25th January, 2000. The said judgment was in favour of the 1st Respondent (AIC LTD) and against the two original defendants (MANNESMANN ANLAGENBAU AG and NNPC) in the following terms:-

I will give judgment in favour of the Plaintiff against the 1st and 2nd defendants jointly and severally as follows as contained in schedule B of their statement of claim:

(1) $1, 222,185,40 (US Dollars)

(2) ?547,105.00 (Sterling)

(3) DM 22,270,922,00 (Dutch marks sic).

(4) N2,764,785,40 (Naira)

(5) $750,000.00 being 50%.Commissions of Contract D.

The first and 2nd Defendants shall pay interest on the above sums at the rate of 13% per annum from 10th April, 1987 until payment thereof of all the sums.

Again an injunction is granted against the 2nd defendant Restraining them from paying over to the 1st defendant. The amount claimed herein until the plaintiff is fully paid, the 5% enumerated above.”

A Garnishee proceedings was commenced thereafter by the 1st Respondent to enforce the said judgment via a motion Exparte filed on 26-8-2005 wherein the following orders were sought against the Appellant and other companies.

“1. An Order granting leave to enforce judgment dated 25th January, 2000 in this case.

2. An Order granting leave to issue the enforcement process (Order) against Mannesmann Anlangebau A.G, Mannesmann Demag A.G and TECHNIP of France in the said Judgment of 25th January, 2000.
3. An Order of garnishee of this Court against Total Upstream Nigeria Limited in the sums of:

(1) $1, 220,185,40 40 (US Dollars)