United Bank Of Africa PLC V. Emeka Onuoha & Ors (2014)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

PETER OLABISI IGE, J.C.A.(Delivering the Leading Judgment)

This is an appeal against the decision of the Imo State High Court contained in the Ruling of Honourable Justice A. O. H. UKACHUKWU delivered on 22nd day of November, 2007.

The Respondents who were Plaintiffs/Judgment Creditors at the Lower Court got judgment in the sum of N20,020,247.80 (Twenty Million, Twenty Thousand, Two Hundred and Forty Seven Thousand, Eighty Kobo), against the Defendants in the suit viz:

(a) CHAIRMAN, OWERRI MUNICIPAL COUNCIL and

(b) OWERRI MUNICIPAL COUNCIL.

In their bid to enforce the judgment given in their favour the Respondents initiated garnishee proceedings against three Banks namely:

1. OCEANIC BANK INT. (NIG) LTD.
2. ZENITH BANK PLC and
3. UNITED BANK FOR AFRICA PLC who is now the Appellant in this appeal.

Order Nisi was made in favour of the Respondents on 26th day of February, 2007 attaching the accounts of the Defendants/Judgment Debtors in the said Banks. After the consideration of the Affidavits filed by the Garnishees and submissions of their Learned Counsel on the matter, UKACHUKWU, J. said and ruled concerning the Appellant thus;

“The 3rd Garnishee – The United Bank for Africa filed an 8 paragraphs affidavit sworn to by Ikechukwu Ejekwu, Solicitor in the Chambers of C. O. Ahumibe and Company. It averred that the 2nd Defendant/Judgment Debtor and not the 1st Defendant/Debtor is a customer of the 3rd Garnishee Bank’s branches at the Douglas Road and Mbari Branches where it maintain Account Nos. 024-100600-00-0-37 respectively. Both Accounts had a total credit balance of N630,689.15 (six hundred and thirty thousand, six hundred and eighty-nine naira fifteen kobo).

Re-acting to the argument of counsel to the applicants that failure to exhibit the Statement of Account with the branches showed that the 3rd Garnishee had not made any of full disclosure as required to warrant the refusal of the Order absolute, Mr. Young Ukaegbu argued that the Bank – Customer relationship was based on confidentiality. It would therefore be improper for the 3rd Garnishee to exhibit the Statement of Accounts of the said Customer.”

See pages 154 and 155 of the record. And on page 157 to 158 of the record the learned trial Judge said:

“The 3rd Garnishee – the United Bank For Africa PLC merely disclosed that the 2nd Judgment Debtor had a total Credit balance of N630,689.15 (Six Hundred and Thirty Thousand, Six Hundred and Eighty-Nine Naira, Fifteen Kobo) in both branches of the Bank. They would not Exhibit 5 the statements of the accounts as, according to the counsel it would be improper to do so.

The counsel for the Judgment Debtors urged the court to refuse the application which she considered to be an abuse of the Court’s process. According to her, the agreement of the parties for installment payment which was later made the Judgment of the Court was still valid at the time of the Garnishee Order Nisi. This submission of counsel did not appear helpful as the issues raised therein were addressed in the application of the Judgment Creditor for the Garnishee Order.

In sum my view is that none of the Garnishee Banks adduced satisfactory reasons to enable this court refuse the Order.

The Garnishee Order Nisi made by this court on the Oceanic Bank PLC, Zenith Bank PLC and United Bank For Africa PLC on 26th February, 2007 is therefore hereby made absolute.