Whether the Judge before whom an Application for Garnishee Absolute is Pending can Review the Money Judgment being Enforced

CASE TITLE: OBOH & ANOR v. NIGERIA FOOTBALL LEAGUE LTD & ORS (2022) LPELR-56867(SC)

JUDGMENT DATE: 28TH JANUARY, 2022

PRACTICE AREA: PRACTICE AND PROCEDURE

LEAD JUDGMENT: EJEMBI EKO, J.S.C

SUMMARY OF JUDGMENT:

INTRODUCTION

The nub of this appeal is garnishee proceedings.

FACTS

The appeal is against the decision of the Court of Appeal, Lagos Division affirming the decision of the High Court of Lagos State.

By a Motion Ex Parte the Appellants/Judgment Creditors commenced Garnishee proceedings praying the Court for:

​1. An order attaching the sum of N232, 915,644 due and owing or accruing for the Garnishees or any one of them to the Judgment Debtor or so much thereof as will satisfy the judgment debt due under the judgment dated 9th July, 2013 entered in favour of the Judgment Creditors/Garnishors.

2. An order directing the Garnishees to pay the Judgment Creditors/Garnishors or the registrar of this Courf, the amount of such debts within 8 days of the service of this summons or show cause why an order should not be made upon the Garnishees or any of them for the payment to the Judgment Creditors of the amount of the debt due and owing or accruing for the garnishees or anyone of them to the said Judgment Debtor and the costs on the garnishee proceedings.

The Motion Ex Parte for garnishee order nisi was granted by Honourable Justice G.N. Onyeabo. Honourable Justice O.A. Adefope-Okojie (Mrs) discharged the garnishee order nisi.

The appellants/judgment Creditors being dissatisfied with the ruling of the learned trial judge appealed to the Court of Appeal. The Court of Appeal affirmed the decision of the trial Court.

The appellants again dissatisfied further appealed to the apex Court to ventilate their grievances.

ISSUES FOR DETERMINATION

The sole issue for determination considered in the appeal is:

“Whether the lower Court was right in affirming the decision of Adefope-Okejie, J refusing to enforce her own judgment which determined the liability of the 1st Respondent to pay contractual debt in favour of the Appellants”..

DECISION/HELD

In the final analysis, the appeal was allowed. The decision of the Court of Appeal was set aside. The ruling and/orders of the trial High Court were also set aside. In their place, an order granting the garnishee order absolute against the 2nd and 3rd Respondents, as the 1st and 2nd Garnishees was entered.

RATIOS:

• APPEAL – APPEAL TO THE SUPREME COURT: Whether Court process (es) in an appeal to the Supreme Court must reflect the same title as that which obtained at the trial Court
• COMPANY LAW – WINDING UP: Whether the winding up of a company or the appointment of a liquidator will result in the death of a corporate body
• PRACTICE AND PROCEDURE – GARNISHEE PROCEEDINGS: Role of a garnishee in a garnishee proceeding
• PRACTICE AND PROCEDURE – GARNISHEE PROCEEDINGS: Whether the Court before which an application for garnishee absolute is pending can review the money judgment being enforced