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GUARANTY TRUST BANK PLC v. NIGERIA DEPOSIT INSURANCE CORPORATION

(2018) LPELR-44381(CA)

In The Court of Appeal of Nigeria

On Thursday, the 3rd day of May, 2018

CA/L/1100/2016


Before Their Lordships

JOSEPH SHAGBAOR IKYEGH Justice of The Court of Appeal of Nigeria

YARGATA BYENCHIT NIMPAR Justice of The Court of Appeal of Nigeria

UGOCHUKWU ANTHONY OGAKWU Justice of The Court of Appeal of Nigeria


Between

GUARANTY TRUST BANK PLC - Appellant(s)

AND

NIGERIA DEPOSIT INSURANCE CORPORATION - Respondent(s)


Other Citations

; ;


Summary

INTRODUCTION:
This appeal borders on Service of Hearing Notice.
FACTS:
This appeal is against the garnishee order made absolute against the Appellant by the High Court of Lagos State.

On 26th March 2013, a garnishee order nisi was made and on the return date of 24th April, 2013, the trial Court further adjourned the matter to 7th May 2013, on the ground that the Appellant was still within time to make a return to the order nisi. On the adjourned date of 7th May 2013, the Court proceeded to make the order nisi absolute, consequent upon the failure by the Appellant to make a return to the show why the order should not be made absolute.

The Appellant was dissatisfied, and after an unsuccessful application for the trial Court to set aside the order absolute, it appealed, pursuant to the leave of the Court of Appeal.

ISSUES:
The issues for determination in the appeal is:
"i. Whether the lower Court was right in hearing the Garnishee Proceedings and making an Order absolute against the Appellant when the Judgment debtor was not served with the Order Nisi as prescribed by law?
ii. Whether the lower Court was right to proceed to make an order absolute against the Appellant when there was no proof whatsoever that the Appellant was in custody of the judgment debtors funds or that the judgment debtor maintains an account with the Appellant?
iii. Whether the learned trial Judge was right to proceed to set down the matter for hearing and subsequently on that day made the Order Absolute against the Appellant without issuing hearing Notice to be served on the Appellant."

DECISION/HELD:
In conclusion, the appeal was allowed. The case was remitted to the Chief Judge of the High Court of Lagos State for hearing de novo by another judge.


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