The applicant is seeking a garnishee order nisi, compelling the banks in which the defendant has funds, to appear and show cause with respect to funds standing to the credit of the judgement debtors.
By Jude-Ken Ojinnaka
A Federal High Court sitting in Lagos on Monday ordered some commercial banks in Nigeria, to appear and show cause in a N20 million suit awarded in favour of the applicant against the Lagos State Traffic Management Authority (LASTMA).
The court presided over by Justice Tijani Ringim made the order for parties to appear and show cause. The order was made following a garnishee suit filed by a Lagos Lawyer, Mr David Enemona (applicant).
The applicant had filed a suit number FHC/CS/373/2021 against LASTMA on allegations of unlawful extortion of money from him following the illegal impoundment of his vehicle
The Attorney General of Lagos State and one Mr Ogunde a LASTMA official are mentioned in the suit as respondents
The applicant had prayed the court to declare as unlawful, the imposition and collection of N20,000 by the respondent as a fine under the pretext of a “phantom traffic offence” which allegedly happened on February 18, 2021, along the Lagos-Ibadan expressway.
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He had averred that the said payment as well as impoundment and detention of his Toyota Camry, without any form of trial, hearing or order, is unconstitutional and a breach of his right to a fair hearing.
The court had on June 20, entered judgement in favour of the applicant awarding the sum of N20 million against the respondents for a reckless violation of the applicant’s right
On Monday, the applicant’s counsel, Mr Anayo Ishiwu, brought an exparte motion before the court on the grounds that the judgement debtors had failed to date, to offset the judgement debt in spite of demand letters.
The garnishee banks listed in the motion exparte include: Access bank, Polaris bank, Enterprise bank, Wema Bank, Union bank, UBA, Stanbic IBTC, FCMB, Sterling bank, Ecobank, among others.
The applicant is seeking a garnishee order nisi, compelling the banks in which the defendant has funds, to appear and show cause with respect to funds standing to the credit of the judgement debtors.
When the case was called, Counsel to the applicant Informed the court of his motion exparte seeking a garnishee order nisi on the respondent banks, to appear and show cause
He moved his application and adopted his written address, affidavit in support as well as attached exhibits, in urging the court to grant his application.
The applicant seeks a garnishee order nisi attaching all sums standing to the credit of the judgement debtor in all other accounts accruing from the garnishee banks to the judgement debtor as may be sufficient to satisfy the debt
He wants an order, directing the garnishee banks to prepare and file on oath, a statement of account showing the judgement debtors’ financial status up to date in the garnishee banks
He prayed for an order directing the garnishee to pay all sums attached as judgement debt and standing to the credit of the judgement debtors.
After listening to the application moved by applicant’s counsel, Justice Ringim held that he finds merit in the application.
Consequently, he ordered the respondents to appear before the court on February 8, 2023, and show cause why an order absolute should not be made against them.
The court ordered service of the motion on notice and hearing notices to be issued on the respondents and adjourned the matter till February 8, 2023.
