Court docket dismisses software to put aside Garnishee Order towards Aba South Native Council
The Abuja Trip Decide, His Lordship, Hon. Justice Ibrahim Galadima has dismissed the applying filed by Abia State Main Well being Care Improvement Company towards the garnishee order made in favour of Promise Iheasimuo and Eight others for missing benefit.
The Court docket held that Abia State Main Well being Care Improvement Company lacks the locus required to file the mentioned software to put aside the legitimate order of the courtroom towards Aba South Native Authorities Council, awarded the price of N100,000 in favour of the Judgment creditor Promise Iheasimuo and Eight others, and adjourned the matter to twentieth October 2020 for additional listening to.
From details, the applicant had submitted that the garnishee account quantity belongs to the Aba South Native Authorities Well being Authority and never the judgment debtor Aba South Native Authorities that being a separate entity from the judgment debtor, it shall be fallacious to connect its checking account in these proceedings.
The applicant filed the movement on discover to put aside the garnishee order nisi of 6/7/2020 towards the mentioned account that the account connected is the wage account belonging to the applicant and that if this order nisi just isn’t put aside as a matter of urgency, the applicant’s workers who’re well being staff shall down instruments and this can subsequently end in hardships and so it’s expedient for this courtroom to contemplate and grant the applying as a matter of grave urgency.
In response, the judgment collectors Promise Iheasimuo and others acknowledged that the applicant was a stranger because it was the garnishee that was anticipated to file an affidavit of trigger and never the applicant urged that the applying be dismissed within the curiosity of justice.
Delivering the ruling, the presiding Decide, Hon. Justice Ibrahim Galadima held that applicant did not even connect an authorized system-generated assertion of account in respect of the account in rivalry which can have been utilized in figuring out the likelihood of the declare made by it and more likely to have satisfied this courtroom of their genuineness.
“If this occasion seeks to be joined in these proceedings, it could achieve this by searching for this courtroom’s depart to be so joined first and never for it to easily file an software as was achieved for the courtroom to put aside its order nisi.”
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