LawPavilion Online


Back

VITACHEM NIGERIA LIMITED v. DSM SINOCHEM PHARMACEUTICALS INDI PRIVATE LIMITED

(2017) LPELR-43200(CA)

In The Court of Appeal of Nigeria

On Friday, the 27th day of October, 2017

CA/L/478A/2015


Before Their Lordships

MOHAMMED LAWAL GARBA 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

VITACHEM NIGERIA LIMITED - Appellant(s)

AND

DSM SINOCHEM PHARMACEUTICALS INDI PRIVATE LIMITED
(Suing through its lawful Attorney Tolulope Aderemi) - Respondent(s)


Summary

INTRODUCTION:
This appeal borders on garnishee proceeding.

FACTS:
This is an appeal against the decision of the High Court of Lagos State.

After obtaining a summary judgment against the Appellant from the High Court, on the 24th November, 2014, the Respondent commenced Garnishee proceedings on the 1st December, 2014 against some banks believed to have accounts operated by the Appellant.

On the 5th December, 2014, the Appellant filed a motion for an order to set aside the judgment, on the 10th December, 2014, the High Court made a Garnishee Order Nisi against the said banks and on the 23rd December, 2014, the Appellant filed another motion and a counter affidavit to the garnishee proceedings, dated 16th February, 2015, praying that the Garnishee Order Nisi be set aside.

The motions were heard on the 2nd March, 2015 and on the 16th April, 2015, the High Court dismissed the two (2) motions filed by the Appellant and made Garnishee order Nisi, absolute.

Dissatisfied with decision of the High Court the Appellant appealed to the Court of Appeal.



ISSUES:
The Appellant formulated a lone issue for the determination of the appeal as follows:
"Whether the trial Court was competent and had jurisdiction to hear and grant Garnishee Order absolute when the judgment debtor was not served with the Order nisi in line with Section 83(2) of the Sheriffs and Civil Process Act."

DECISION/HELD:
On the whole, the Court found the appeal to be lacking in merit and it was accordingly dismissed.


Read Full Judgment