Whether A Judgment Debtor Has The Locus Standi To Apply For A Stay Of Execution Pending The Conclusion Of Any Legal Process To Challenge The Decision Of The Garnishee Proceedings

By Legalpedia

ELDER DR. FRIDAY SANI v. KOGI STATE HOUSE OF ASSEMBLY &
ORS

Suit no: SC.1179/2019

Legalpedia Electronic Citation: (2021) Legalpedia (SC) 11041

Areas Of Law:

Action, Appeal, Court, Garnishee Proceeding, Judgment And Order,
Locus Standi, Practice And Procedure

Summary Of Fact:

The Appellant instituted a suit at the High Court of Kogi State,
Lokoja, against the Respondents, wherein judgment was delivered in
his favor. The 1st Respondent dissatisfied with the part of the
judgment setting aside the suspension of the Appellant from the 1st
Respondent (the Kogi State House of Assembly), appealed to the
Court of Appeal, Abuja.

The Court of Appeal, upon hearing the appeal, delivered its
judgment, allowing the appeal and remitting the case back to the
Chief Judge of Kogi State for re-assignment to another Judge to be
heard by way of a Writ of Summons.

Aggrieved by the judgment, the Appellant appealed to the Supreme
Court vide its Notice of Appeal, which allowed the appeal in part.
Consequent upon this decision of the Supreme Court, the Appellant
commenced garnishee proceedings at the High Court of the Federal
Capital Territory, Abuja against the Respondents.

The 1st Respondent filed a Notice of Preliminary Objection
challenging the garnishee proceedings, stating that the judgment of
the Supreme Court upon which the garnishee proceedings was
predicated, did not contain any specific amount as to the
Appellants pending salaries, allowances, emoluments and monies due
to him, hence there was nothing in the judgment specifying that the
Appellant be paid the sum of N210,820,000.00 (Two Hundred and Ten
Million, Eight Hundred and Twenty Thousand Naira only).

The trial Court in its ruling dismissed the 1st Respondent’s
Preliminary Objection and proceeded to make the garnishee order
nisi, absolute against the funds standing to the credit of the 7th
Respondent, in the custody of the 14th Garnishee/Respondent, as per
the Appellant’s reliefs.

Dissatisfied with the ruling, the 1st Respondent appealed to the
Court of Appeal, Abuja. The 1st Respondent also filed a Motion for
stay of execution of the trial Court’s ruling, pending the
determination of the appeal filed at the Court of Appeal.

The 1st Respondent’s application was granted and the Court of
Appeal ordered that the execution of the trial Court’s ruling be
stayed, pending the determination of the 1st Respondent’s appeal.
Dissatisfied with this order of stay of execution, the Appellant
has once again appealed to the Supreme Court vide his Notice of
Appeal containing four Grounds of Appeal.

The 1st Respondent raised a Preliminary Objection to the hearing
of the appeal on the ground that the notice of appeal is against an
interlocutory decision, for which leave is required, and no leave
was sought and obtained.

The 2nd – 7th Respondents also filed a Notice of Preliminary
Objection against the hearing of the appeal, on the ground of
proliferation of the Appellant’s Issue Two.

The learned counsel for the 14th Garnishee/Respondent also filed
a preliminary objection on the incompetence of ground 3 of the
notice and grounds of appeal.

HELD:

Appeal Dismissed

ISSUES FOR DETERMINATION

Ø Whether the Court below was right when it granted the 1st
Respondent’s application for stay of execution of the Ruling of the
Trial Court pending the determination of the 1st Respondent’s
appeal.
Click
Here To Read Full Judgement^[1]

By Legalpedia

ELDER DR. FRIDAY SANI v. KOGI STATE HOUSE OF ASSEMBLY &
ORS

Suit no: SC.1179/2019

Legalpedia Electronic Citation: (2021) Legalpedia (SC) 11041

Areas Of Law:

Action, Appeal, Court, Garnishee Proceeding, Judgment And Order,
Locus Standi, Practice And Procedure

Summary Of Fact:

The Appellant instituted a suit at the High Court of Kogi State,
Lokoja, against the Respondents, wherein judgment was delivered in
his favor. The 1st Respondent dissatisfied with the part of the
judgment setting aside the suspension of the Appellant from the 1st
Respondent (the Kogi State House of Assembly), appealed to the
Court of Appeal, Abuja.

The Court of Appeal, upon hearing the appeal, delivered its
judgment, allowing the appeal and remitting the case back to the
Chief Judge of Kogi State for re-assignment to another Judge to be
heard by way of a Writ of Summons.

Aggrieved by the judgment, the Appellant appealed to the Supreme
Court vide its Notice of Appeal, which allowed the appeal in part.
Consequent upon this decision of the Supreme Court, the Appellant
commenced garnishee proceedings at the High Court of the Federal
Capital Territory, Abuja against the Respondents.

The 1st Respondent filed a Notice of Preliminary Objection
challenging the garnishee proceedings, stating that the judgment of
the Supreme Court upon which the garnishee proceedings was
predicated, did not contain any specific amount as to the
Appellants pending salaries, allowances, emoluments and monies due
to him, hence there was nothing in the judgment specifying that the
Appellant be paid the sum of N210,820,000.00 (Two Hundred and Ten
Million, Eight Hundred and Twenty Thousand Naira only).

The trial Court in its ruling dismissed the 1st Respondent’s
Preliminary Objection and proceeded to make the garnishee order
nisi, absolute against the funds standing to the credit of the 7th
Respondent, in the custody of the 14th Garnishee/Respondent, as per
the Appellant’s reliefs.

Dissatisfied with the ruling, the 1st Respondent appealed to the
Court of Appeal, Abuja. The 1st Respondent also filed a Motion for
stay of execution of the trial Court’s ruling, pending the
determination of the appeal filed at the Court of Appeal.

The 1st Respondent’s application was granted and the Court of
Appeal ordered that the execution of the trial Court’s ruling be
stayed, pending the determination of the 1st Respondent’s appeal.
Dissatisfied with this order of stay of execution, the Appellant
has once again appealed to the Supreme Court vide his Notice of
Appeal containing four Grounds of Appeal.

The 1st Respondent raised a Preliminary Objection to the hearing
of the appeal on the ground that the notice of appeal is against an
interlocutory decision, for which leave is required, and no leave
was sought and obtained.

The 2nd – 7th Respondents also filed a Notice of Preliminary
Objection against the hearing of the appeal, on the ground of
proliferation of the Appellant’s Issue Two.

The learned counsel for the 14th Garnishee/Respondent also filed
a preliminary objection on the incompetence of ground 3 of the
notice and grounds of appeal.

HELD:

Appeal Dismissed

ISSUES FOR DETERMINATION

Ø Whether the Court below was right when it granted the 1st
Respondent’s application for stay of execution of the Ruling of the
Trial Court pending the determination of the 1st Respondent’s
appeal.
Click
Here To Read Full Judgement^[1]