The Presiding Judge of the of the National Industrial Court of Nigeria, Yenagoa Judiical division, His Lordship, Hon. Justice B. A. Alkali, on Tuesday 5th February 2019 in a post judgment ruling ordered GUARANTY TRUST BANK NIGERIA PLC (5th Garnishee) to pay the Judgment sum of (N10, 417,490.68k) from the account of INDUSTRIAL AND GENERAL INSURANCE PLC (Judgment Debtor) in her custody to an interest yielding account to be opened in the name of the Chief Registrar, National Industrial Court of Nigeria, within seven (7) days so that a victorious party at the end of the Appeal can take both the Judgment sum and the interest.
This ruling is predicated on several applications filed before this court by parties following the Garnishee Order Nisi granted by the court on the 22nd November, 2018.The Judgment Debtor filed a Notice of Appeal dated and filed on the 3rd day of December, 2018. The Judgment Debtor also filed a Motion on Notice dated the 7th day of December, 2018 and filed on the same date. The Motion was brought pursuant to National industrial Court of Nigeria Civil Procedures Rules 2017 and under the inherent jurisdiction of this court seeking for AN ORDER for stay of execution of the judgment of this Honourable court delivered on the 2nd day of October, 2018 in this suit pending the hearing and determination of the appeal.
The application is also supported by a Written Address, the Judgment Debtor formulated a for determination whether the present application is not deserving of a grant?
It is the contention of Learned counsel that one of the matters that should be taken into consideration in the exercise of the instant application might be that when the money is paid, the Claimant/Respondent will be unable to refund it, in case the appeal succeeds.
The Judgment Debtor also filed another Motion on Notice for AN ORDER setting aside and/or discharging the Garnishee Order Nisi granted on the 22nd day of November, 2018 requiring the Garnishees to show cause on the grounds that the appeal filed will be rendered nugatory and the pending application for stay of execution will be over reached and defeated, if the Garnishee proceedings now pending before this Honourable court is allowed to continue and not set aside. That the Respondent who does not have a stable and ascertainable means of income may levy execution and there may be no return to the status quo, if the application to set aside the Order Nisi is not allowed.
In opposition, learned counsel argued that the application is brought in bad faith to frustrate ADELEKE A. OJABANJO (judgment creditor/respondent) from enjoying the fruit of his labour, urged the court to refuse it with cost.
After careful evaluation of all the processes filed, and the submissions of the learned Counsel from both sides. The Court presided by Hon. Justice B. A. Alkali declared that the Application failed to comply with the mandatory provisions of Order 64 Rule13 (2) (b) (d) and (e) and declared it incompetent.
Also, on the Motion on Notice filed by the Judgment Debtor/Applicant, seeking an Order of the court setting aside and/or discharging the Garnishee Order Nisi which was granted by this Court on 22nd day of November, 2018.
“I have critically analysed the affidavit to show cause filed by the respective Garnishee. While most of the Garnishee do not have up to the amount of the Judgment debt in the account of the Judgment Debtor which is in their custody, But the 5th Garnishee in paragraph 4 of her affidavit to show cause dated and filed on the 11th day of December, 2018 admitted and confirms that the Judgment Debtor maintains an account with the 5th Garnishee. And that the sum of N10, 417, 490.68k (Ten Million, Four Hundred and Seventeen Thousand, Four Hundred and Ninety Naira, Sixty Eight Kobo) only being the Judgment debt in this matter has been garnished in the said account and did not adduce any reason why this Court should not go ahead and grant Order absolute. In line with the provisions of Order 51 Rule4 (1) of the Rules of this court the Garnishee Order Nisi is hereby made absolute.
“In other to balance the competing interest of the parties in this matter so as not to make the decision of the Court of Appeal nugatory, and in line with the provisions of Order 51 Rule 8 (b) of the Rules of this Court, I order the 5th Garnishee to pay the Judgment sum (N10, 417,490.68k) from the account of the Judgment Debtor in her custody to an interest yielding account to be opened in the name of the Chief Registrar, National Industrial Court of Nigeria, within seven (7) days from today so that a victorious party at the end of the Appeal can take both the Judgment sum and the interest.
“All other Garnishee are hereby discharged. No order as to cost.” His Lordship, Hon. Justice Bashar Alkali declared.
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A Report Of The Judgement Of The 16 Divisions Of The Court Of Appeal In Nigeria