Adamawa State Government & Anor V. Asset Management Corporation Of Nigeria & Ors (2017) LLJR-CA - LawGlobal Hub
Adamawa State Government & Anor V. Asset Management Corporation Of Nigeria & Ors (2017) LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL SAIDU TANKO HUSAINI, J. C. A. (Delivering the Leading Judgment) This appeal is against the Ruling delivered at the Federal High Court sitting in Yola on the 18th November, 2015 in Suit No. FHC/ YL/CS/2015. […]
Adamawa State Government & Anor V. Asset Management Corporation Of Nigeria & Ors (2017)LawGlobal-Hub Lead Judgment Report – COURT OF APPEALSAIDU TANKO HUSAINI, J. C. A. (Delivering the Leading Judgment)This appeal is against the Ruling delivered at the Federal High Court sitting in Yola on the 18th November, 2015 in Suit No. FHC/ YL/CS/2015. The appellants had by the Motion on Notice dated the 16th November, 2015 and filed on the 17th November, 2015 sought:-An Order of Court vacating the Order nisi granted in favour of the Judgment Creditors dated 21st day of October, 2015 attaching the account of the Judgment debtors with the Garnishees. An Order of Court declining to make Order nisi dated 21st October, 2015 Order absolute on the ground that, the Judgment debtors/Applicants have filed a Motion for restoration of its Appeal before the Court of Appeal, Yola Division. Any other Order(s) as the Honourable Court may deem fit to make in the circumstance of this case. The appeal to this Court was necessitated by the order of the Federal High Court (hereinafter referred to as the Trial Court), dismissing the Application, the Motion on Notice, referred to above. In the Notice of Appeal filed on the 27th November, 2015 the Appellants1have appealed on two (2) grounds. Upon the transmission of record of appeal to this Court on the 1st January, 2016, the Appellants and the 1st and 2nd respondents respectively, in compliance with the rules of Court, filed and exchanged their briefs of argument in terms of:-The Appellants Brief of argument dated the 13th April, 2016 and filed on the 27th April, 2016 but deemed filed on 18th May, 2016. 1st and 2nd Respondents brief of argument dated and filed on the 1st November, 2016 but deemed on the 8th December, 20162a. The 1st and 2nd Respondents brief in support of Preliminary Objection dated and filed on the 21st November, 2016The Reply to the 1st and 2nd Respondents brief of argument dated and filed on the 16th December, 2016. The 3rd, 10th Respondents did not file any brief. Submissions made relative to the Appeal are contained in the Appellants brief of argument at pages 4-9. The only issue distilled by counsel in the brief is whether the Appellants by law, are entitled to be heard in garnishee proceedings before the Court below, if yes, were they accorded fair2hearing?The Response of the 1st and 2nd Respondents are contained in their brief of argument at pages 2- 8. Like the Appellants, the 1st and 2nd Respondents framed just one(1) issue at page 2 of their brief for determination of Court thus:-Whether the learned trial Judge of the lower Court denied the Appellants the (sic) fair hearing of their Motion on Notice dated 16th November, 2015 before the lower Court.