Zenith Bank of Nigeria V. Emmanuel Ohaja (2016)

LawGlobal-Hub Lead Judgment Report

IGNATIUS IGWE AGUBE, J.C.A.

This appeal is against the Decision of the Honourable Justice I. N. Akomas sitting at the High Court of Abia State No. 1, Osisioma Division which decision was delivered on the 29th day of June, 2010 in Suit No. HOS/110/2003. It would be recalled that the Respondent as Plaintiff/Judgment-Creditor/Applicant initiated Garnishee proceedings against the Osisioma Local Government, the First Bank of Nigeria PLC. (Ariaria Branch); Zenith Bank of Nigeria PLC (Osisioma Branch) and Intercontinental Bank of Nigeria, PLC (Osisioma Branch) as the Defendant/Judgment Debtor, 2nd, 3rd and 4th Garnishees respectively. The present Appellant was the 3rd Garnishee and by the Motion Ex-parte dated the 19th day of May, 2010 but filed on the 21st day of May, 2010, the Respondent sought for the following Orders.

1. Leave to the Plaintiff/Judgment-Creditor/Applicant to apply for an Order Nisi against the Garnishees First Bank of Nigeria PLC (Ariaria Branch), Zenith Bank of Nigeria PLC (Osisioma Branch), Intercontinental Bank PLC; attaching the money in the Account of the

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Defendant/Judgment-Debtor kept with the Garnishee Banks respectively in order to satisfy the total judgment debt of N7,200,000.00 (Seven Million, Two Hundred Thousand Naira) delivered by this Court on the 24th day of January, 2005 in favour of Plaintiff/Judgment-Creditor.

2. Leave to the Plaintiff/Judgment-Creditor/Applicant to serve the Motion On Notice and Order Nisi together with the Garnishee Order as contained in Form 26 upon the Garnishee and on the Defendant/Judgment Debtor.

3. Order fixing the Return Date AND FOR SUCH FURTHER ORDER or other Orders as the Honourable Court may deem fit to make in the circumstance.

The motion was supported by an Affidavit of sixteen (16) paragraphs with five documents marked Exhibits EO1 to EO5. See pages 1 – 9, of the Records. On the 24th day of May, 2010, the Application was granted as prayed and so ordered. On Tuesday, the 29th day of June 2010, the Motion on Notice for Garnishee Order absolute was moved and granted as prayed. The trial Court then ordered as follows:

ORDER: (1) That the Order Nisi made on 24/5/2010 is hereby made absolute:

(2) That the

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money in the account of the Defendant/Judgment-Debtor Osisioma Ngwa Local Government Council in the Garnishee Banks namely Zenith Bank of Nigeria PLC (Osisioma Branch) and Inter-Continental Bank (Osisioma Branch) be is hereby attached and to be paid to the Court Administrator of this Court for onward transmission to the Plaintiff/Judgment-Creditor/Applicant forthwith.?

(see page 17 of the Records).

Dissatisfied by the order as made above the Garnishee Bank in a motion filed on the 31st day of May, 2011 sought extension of time from the High Court of Abia State of Nigeria, Osisioma Judicial Division within which to seek leave to appeal against the Ruling of the Court granting the order of Garnishee Absolute; Leave to appeal out of time, against the said Ruling of the Court made on 29th day of June, 2010; Extension of time to file her Notice and Grounds of Appeal in Suit No. HOS/110/2003;Deeming the Notice of Appeal already filed as properly so filed in the Registry of the Court; And for such Order or further Oder as the Honourable Court may deem fit to make in the circumstances of the case. The motion was supported by a fifteen paragraph