Guaranty Trust Bank Plc v. Abigail Ogwezzy-Ndika

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Facts:

Facts:
The respondent obtained judgment against a company named Plan Precision
Limited and one Mr. Onyebuchi Okparaugo and applied through garnishee
proceedings against the appellant to recover money standing to the credit of the
judgment debtors. The appellant was served with the order nisi and filed an affidavit
to show cause. In its affidavit, the appellant stated that only the 1st judgment
debtor operated two accounts with it. Furthermore, the appellant stated that one
of the accounts had a balance ofN10,559.88k (Ten Thousand Five Hundred and
Fifty Nine Naira, Eighty Eight Kobo while the other account had a balance of
N5,798.15k (Five Thousand Seven Hundred and Ninety Eight Naira, Fifteen Kobo.
The statements of accounts covered a period from February 1, 2015 to June 24,
2015 when the order nisi was served on the appellant. However, the entries in one
of the statements of accounts indicated the last date of transaction to be May 28,
2015 while the other stated May 11, 2015.
The respondent filed a further better and affidavit alleging that the statements of
account were incomplete as they only covered the period before the garnishee
application was filed but failed to capture the period when the application was filed
and when the matter eventually came up for hearing. The trial court after hearing
the parties gave its ruling in favour of the respondent and the order nisi was made
absolute against the appellant. The court relied on the allegation of the respondent
and held that the statements of account were incomplete and that the appellant
doctored them by deliberately failing to give the correct state of the accounts. The
appellant was aggrieved and filed a notice of appeal at the Court of Appeal, Lagos
Division challenging the ruling of the High Court of Lagos State.
One of the issues for determination by the appellant was whether in view of the
facts contained in the affidavit to show cause and the statements of account
exhibited and filed in the garnishee proceedings the appellant disputed liability to
the judgment sum and as such should have had any issue as to its liability
determined in accordance with section 87 of the Sheriff and Civil Process Act.

SKU: C000001106184-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1 Category: Tags: , ,
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