CORAM

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TASLIM O. ELIAS, JUSTICE SUPREME COURT

SAIDU TANKO HUSAINI

SAIDU TANKO HUSAINI

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PARTIES

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CENTRAL BANK OF NIGERIA       APPELLANTS

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RESPONDENTS

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AREA(S) OF LAW

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SUMMARY OF FACTS

The Plaintiff/1st Respondent took a writ of summons under the undefended procedure against the Defendant/2nd Respondent claiming the sum of N504,400.00 being the principal sum of N155,200.00 and interests at the rate of 25%, in that on the 17th day of November, 1997, the Plaintiff supplied the Defendant through its “B” Defendant, (Mounted) with 192 bags of grain (Wheat and Guinea Corn), 12 buckets and 12 head pans at the total costs of N202,200.00 as requested by the Defendant through various local purchase orders on the condition that payment of the contract sum would be made within 7 days after supplies, and in default attract 25% from the date it becomes due till liquidation. The Defendant made a part payment of N47, 000.00 to the Plaintiff leaving a balance of N155, 200.00 together with the accumulated interest of N349, 200.00 as at September, 1998, which sum the Defendant has failed to pay despite repeated demands by the Plaintiff, 25% interest on the principal sum of N155, 200.00 from October, 1998 till date, and 10% interest on the whole sum from the date of judgment until the final liquidation of the judgment debt. By an “Admission by Agreement” dated 12th October, 2000 pursuant to Section 74 of the Evidence Act and Order 29 Rule 3 of the Adamawa State High Court (Civil Procedure) Rules, the parties agreed to settle amicably. The trial court entered judgement in favour of the 1st Respondent as per the terms of the Agreement against the 2nd Respondent. The 2nd Respondent yet failed to pay up the judgement sum due to the 1st Respondent, hence, the 1st Respondent commenced garnishee proceedings  against the Appellant to attach the said judgement sum or any part of it in the 2nd Respondent’s account with the Appellant. The trial court granted the garnishee order nisi and ordered the garnishee to appear to show cause why the Order Nisi should not be made absolute on the return date. The Appellant however, filed a Notice of Preliminary Objection against the entire garnishee proceedings on grounds that the order of the court made on the 29th day of January, 2016 consequent upon the Judgment Creditor/Applicant’s application is without jurisdiction, that the Garnishee is a Federal Agency which can only be sued at the Federal High Court amongst other grounds. The court in its ruling dismissed the preliminary objection and made the Garnishee Order Nisi, Absolute. Dissatisfied by the trial court’s ruling, the Appellant has filed this appeal contending that pursuant to Section 251(1)(d) of the 1999 Constitution, jurisdiction is restricted to the Federal High Court in matters connected with banking relationships and where the Central Bank of Nigeria is a party.

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HELD

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 Appeal Allowed?

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ISSUES

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{C}{C}Ø  {C}{C}Whether the garnishee proceedings against the Appellant at the trial State High Court was properly constituted in view of the provisions of Section 251(1) (d) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended)? {C}{C}Ø  {C}{C}Whether the provisions of Section 84 of the Sheriffs and Civil Process Act is applicable in this case??

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RATIONES DECIDENDI

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CASES CITED

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STATUTES REFERRED TO

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Adamawa State High Court (Civil Procedure) Rules

Constitution of the Federal Republic of Nigeria (as amended) 1999

Evidence Act

Sheriffs and Civil Process Act Cap S6

the Revised Edition (Laws of the Federation of Nigeria) Act, 2004

 

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