United Bank For Africa V. France Appro Sas & Ors (2015)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

UWANI MUSA ABBA AJI, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the final Ruling of the Federal High Court No.2 Kano in Suit No.FHC/K/CS/27/05, delivered on 15/4/2008 by Hon. Justice Adeniyi Ademola J., wherein a garnishee order absolute was made against the Appellant.

The 1st and 2nd Respondents by an ex-parte Motion dated 13/12/2007, obtained a garnishee order nisi against the Appellant, compelling the Appellant to show cause why the balance of the judgment debt of N323,671,876.60 (Three Hundred and Twenty Three Million, Six Hundred and Seventy One Thousand, Eight Hundred and Seventy Six Naira, Sixty Kobo) or any sum presently due to the Respondents should not be paid from the funds of the 3rd Respondent in an account domiciled at the Appellant’s Bank.

?The facts of the case are that on 14/3/2008, the 1st and 2nd Respondents by an ex-parte Motion dated 13/12/2007, obtained a garnishee order nisi against the Appellant, compelling the Appellant to show cause why the balance of the judgment debt of N323,671,876.60 (Three Hundred and Twenty Three Million, Six Hundred and Seventy One Thousand, Eight Hundred and

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Seventy Six Naira, Sixty Kobo) or any sum presently due to the 1st and 2nd Respondents should not be paid from the funds of the 3rd Respondent in an account domiciled at the Appellant’s Bank. The Appellant filed an affidavit dated 31/3/2008 and a further and better affidavit dated 14/4/2008 respectively to show cause why the amount claimed is not due to the 1st and 2nd Respondents. The Appellant’s further and better affidavit dated 14/4/2008 denied liability and exhibited the statement of account of the 3rd Respondent showing that as at the 29/2/2008, had a credit balance of N55,451,98k. There was no other evidence before the Court contradicting this fact. Also, the statement of account did not bear the name of the Appellant but Standard Trust Bank. Nevertheless, the trial Court made the order nisi absolute against the Appellant to pay to the 1st and 2nd Respondents the sum of N332,007,506.80 (Three Hundred and Thirty Two Million and seven Thousand Five Hundred and Six Naira Eighty Kobo) making up the sum of N323,671,876.60 as at 10/12/2007 and accrued interest at 10% Court rate from 14/12/2007 to 15/4/2008.

?The Appellant being dissatisfied with the said

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order Absolute appealed vide an Amended Notice of Appeal dated 20/2/2009 and deemed filed on 21/1/2013, wherein 4 Grounds of appeal were raised and are hereunder reproduced without their particulars:

“GROUNDS OF APPEAL

GROUND ONE

The learned trial Judge erred in law when he ordered the Garnishee to pay the entire judgment sum of N332,007,506.80 kobo.

GROUND TWO

The learned trial Judge erred in law when he assumed jurisdiction to entertain the entire Garnishee proceedings.