Whether a Garnishee Who Refuses to Show Cause by Affidavit or Appear Upon Service of an Order Nisi is Entitled to be Given a Notice of Any Hearing in the Case

CASE TITLE: SUNTRUST BANK (NIG) LTD v. DADA (2025) LPELR-81395(CA)

JUDGMENT DATE: 13TH JUNE, 2025

PRACTICE AREA: PRACTICE AND PROCEDURE

LEAD JUDGMENT: JOSEPH OLUBUNMI KAYODE OYEWOLE, J.C.A.

SUMMARY OF JUDGMENT:

INTRODUCTION:

This appeal borders on Garnishee Proceedings and Service of Hearing Notice.

FACTS:

This appeal is against the judgment of the High Court of the Federal Capital Territory, Abuja Judicial Division, sitting at Maitama, delivered on the 15th of September, 2020, and the 22nd of October, 2020, respectively, by Hon. Justice Y. HALILU, J.

The Respondent was a beneficiary of a judgment sum following his successful litigation against one Mr. Dennis Agbo Nnamdi. The Respondent thereafter took out garnishee proceedings for an order nisi against twenty-five commercial banks in Nigeria, including the Appellant who was the 21st garnishee. The order nisi was granted, and the action was adjourned till 24th March, 2020, for the garnishees to show cause. The matter, however, did not come up in Court again until the 15th of September, 2020, due to COVID, on which date the Appellant had no legal representation and had not filed any affidavit to show cause. The trial Court discharged all the other garnishees which had filed affidavits to show cause while the garnishee order was made absolute against the Appellant and nine other banks which failed to file affidavits to show cause.

On the 22nd of October, 2020 the Appellant moved a motion wherein it sought an order setting aside the Garnishee Order absolute, an order extending time to file an affidavit to show cause, among other reliefs.

The application was opposed by the Respondent and after considering the contentions of the respective parties the lower Court ruled that it was functus officio after granting the garnishee order absolute and consequently dismissed the application. Dissatisfied, the Appellant approached the Court of Appeal.

ISSUES FOR DETERMINATION:

The Court considered a sole issue, to wit:

Whether the honourable trial Court acted within its jurisdiction and in compliance with fair hearing when it made the garnishee order absolute.

DECISION/HELD:

In conclusion, the Court allowed the appeal.

RATIOS:

• CONSTITUTIONAL LAW- RIGHT TO FAIR HEARING: Meaning and nature of the doctrine of fair hearing
• PRACTICE AND PROCEDURE- GARNISHEE PROCEEDINGS: Duty of judgment creditor to conduct diligent search to ascertain the third parties in possession of funds belonging to the judgment debtor before commencing garnishee proceedings
• PRACTICE AND PROCEDURE- GARNISHEE PROCEEDINGS: Whether a garnishee who refuses to show cause by affidavit or appear upon service on him of an order nisi is entitled to be given a notice of any hearing in the case
• PRACTICE AND PROCEDURE- HEARING NOTICE: Importance of service of hearing notice and effect of failure

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