By Jude-Ken Ojinnaka
Justice Akintayo Aluko of a Federal High Court sitting in Lagos on Tuesday discharged a Garnishee Order Nisi, made against a firm, Ports And Cargo Handling Services Limited.
Justice Aluko discharged the order made against the Ports And Cargo Handling Services Limited while delivering ruling in an application seeking to setting aside the order, which was made on July 8, 2024, in favour of the Nigeria Engineering Works Limited, the judgement creditor in the suit marked FHC/L/CS/716/2010.
The judgement creditor, Nigeria Engineering Works Limited, had dragged the Nigeria Customs Service Board; Comptroller General of Customs and the logistics firm, Ports And Cargo Handling Services Limited, listed as first to third respondents, over alleged indebtedness.
Dissatisfied with the court order nisi, the logistics firm, Ports And Cargo Handling Services Limited, through its counsel, Kunle Ogunba (SAN) leading Obinna A. Divine, T. O. Ogunba, K. O. Ogunba and Oludare Amusan, approached the Court, to set aside the Order.
The logistics firm approached the Federal High Court for setting aside the Garnishee Order Nisi, with a motion on notice pursuant to Order 26 of the High Court of Lagos State (Civil Procedure Rules 2009), and under the court’s inherent jurisdiction.
Listed as the grounds for court to set aside the Garnishee Order Nisi, the firm submitted that this Honourable Court handed down Judgement in favour of the Judgement Creditor in this suit on the 13th day of March, 2024.
“Being dissatisfied with the Judgement of this honourable court delivered on the 13th day of March, 2024, the 3rd Judgement Debtor promptly appealed the said Judgement to the Court of Appeal, particularly filing its Notice of Appeal against the said Judgement on the 22nd day of April, 2024.
“The 3rd Judgement Debtor in addition, compiled and transmitted the Record of Appeal to the Court of Appeal on the 20th day of June, 2024. And that the 3rd Judgement Debtor ensured the diligent prosecution of its Appeal by ensuring its Notice of Appeal filed on the 22nd day of April, 2024 was served on the Judgement Creditor on the 2nd day of May, 2024.
“Though the 3rd Judgement Debtor filed an application for stay of execution which was dismissed, the Applicant’s appeal was duly entered at the registry of the Court of Appeal, thus conferring only on the Court of Appeal, the jurisdiction to entertain anything regarding the matter, including processes towards executing the judgement.
“Notwithstanding, its awareness and knowledge of the 3rd Judgement Debtor’s Appeal, the Judgement Creditor (Nigeria Engineering Works Limited) subsequently sought to execute the Judgement of this honourable court, and particularly filed a garnishee Exparte application on the 5th day of July, 2024.
“The judgement creditor deliberately concealed the facts of the pendency of the 3rd Judgement Debtor’s Appeal, particularly the 3rd Judgement Debtor’s Notice of Appeal filed on the 22nd day of April, 2024 from this Honourable Court, despite having been earlier served with the Judgement Creditor’s Notice of Appeal against the Judgement of this Court on 2nd day of May, 2024.
“This Honourable Court unaware of the 3rd Judgement debtor’s Appeal, while hearing the judgement creditor’s Garnishee Exparte Application, granted the judgement creditor’s Garnishee Exparte Application and pronounced an Order Nisi, attaching the bank accounts of Defendants in this suit on the 8th day of July, 2024.
“The Garnishee Order Nisi entered by this Honourable Court was made without Jurisdiction as it is only the Court of Appeal that now has the Powers to entertain any process relating to the matter, since the Appeal has been entered prior to the grant of the ORDER NISI.
“This honourable court has the powers to set aside its Order Nisi that was made on 8th of July, 2024, without jurisdiction.”
The logistics firm Port and Cargo Handling Services Limited supported the motion with a 16 Paragraphs affidavit, deposed to by Ifeanyi Uchenna Odo, a lawyer in the law firm of Kunle Ogunba & Associates, and a written address, wherein it prayed the court to discharge the garnishee order Nisi made without jurisdiction.
But the judgement creditor, through its counsel, Benjamin Obi, opposed the motion on notice for the discharge of garnishee order Nisi, and urged the court not to discharge the order.
Justice Aluko while ruling on the motion on Tuesday August 20, after carefully analysing all the processes filed before the court, and the legal authorities cited by the parties, acceded to the logistics firms’ request and discharged the Garnishee Order Nisi made on July 8, 2024 against it.
