JOHN MEBELE VS THE STATE
March 27, 2025HAND OF GOD ESTATE LIMITED VS MR. BASHAR DANKARO
March 27, 2025Legalpedia Citation: (2022-03) Legalpedia 18708 (CA)
In the Court of Appeal
Holden at Lagos
Tue Mar 22, 2022
Suit Number: CA/L/1226/2016
CORAM
PARTIES
SUBSEA SERVICES INTERNATIONAL INC.
(Suing by its lawful Attorney, Olakunle Kusamotu)
APPELLANTS
ACCESS BANK
RESPONDENTS
AREA(S) OF LAW
APPEAL, CONSTITUTIONAL LAW, COURT, FAIR HEARING, GARNISHEE PROCEEDINGS, JUDGMENT AND ORDER, PRACTICE AND PROCEDURE, WORDS AND PHRASES
SUMMARY OF FACTS
Sometime in 2011, the Appellant entered into a contract for the supply of equipment and services to Allied Mechanical & Pipeline Services Limited (the judgment debtor) – a registered company in Nigeria. The consideration was denominated in the United States of America (USA) Dollars currency. Incidentally, the judgment debtor became indebted to the Appellant in the sum of $488,486 for the equipment and services the Appellant rendered to it and defaulted in liquidating its indebtness as well as returning the equipment to the Appellant despite repeated demands. Sequel to that default, the Appellant beseeched the lower court for redress against it in Suit No. LD/ADR/265/2013; the case was referred to the Lagos Multi-Door Courthouse (LMDC) whereat the parties settled the matter amicably based on executed terms of settlement filed in Court, which was entered as consent judgment of the lower Court. The Appellant commenced garnishee proceedings against the Respondent, and the lower Court granted a garnishee order nisi against the Respondent in the sum of $46,740; it was later made the absolute. Subsequently, the Appellant filed a motion on notice praying the lower Court for clarification of the currency in the consent judgment and direction of payment in the USA Dollars currency, alongside a motion ex parte for garnishee order on the 5% penalty arising from the consent judgment. The lower Court refused to hear the two motions and declared itself functus officio. The Appellant, dissatisfied with the decision of the lower Court, has lodged a 2 Ground Notice of Appeal at the Court of Appeal, Lagos Judicial Division.
HELD
Appeal Allowed
ISSUES
Whether the Lower Court was right in refusing to hear and determine the Appellant’s Motion on Notice and the Appellant’s Motion Ex parte both dated 11th April, 2016.
Whether the decision of the Lower Court in refusing to hear the Appellant’s Motions both dated 11th April, 2017 does not amount to denying the Appellant fair hearing.
RATIONES DECIDENDI
GARNISHEE ORDER ABSOLUTE – STATUS OF A GARNISHEE ORDER ABSOLUTE
“In the stratification of orders and adjudication, a garnishee order absolute is a final order that renders a court functus officio, see UBN v. Boney Marcus Ind. Ltd. (2005) 13 NWLR (Pt. 943) 654; Alor v. Ngene (2007) 17 NWLR (Pt. 1062) 163”. PER O. F. OGBUINYA, J.C.A
CASES CITED
NONE
STATUTES REFERRED TO
Constitution of the Federal Republic of Nigeria, 1999 (as amended)
Court of Appeal Act, 2004
Court of Appeal Rules, 2016
Court of Appeal Rules, 2021
