Commissioner Of Police Adamawa State V. Maiyini Century Company LTD & Anor (2017) LLJR-CA - LawGlobal Hub
Commissioner Of Police Adamawa State V. Maiyini Century Company LTD & Anor (2017) LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL OYEBISI FOLAYEMI OMOLEYE, J. C. A. (Delivering the Leading Judgment) This is an appeal against the decision of the High Court of Adamawa State sitting at Yola Judicial Division (hereafter called the trial Court), delivered on 4th […]
Commissioner Of Police Adamawa State V. Maiyini Century Company LTD & Anor (2017)LawGlobal-Hub Lead Judgment Report – COURT OF APPEALOYEBISI FOLAYEMI OMOLEYE, J. C. A. (Delivering the Leading Judgment)This is an appeal against the decision of the High Court of Adamawa State sitting at Yola Judicial Division (hereafter called the trial Court), delivered on 4th May, 2016 in Suit No. ADSY/48M/2015. The surmised background facts which culminated into the appeal are that, at the trial Court, the 1st Respondent herein as plaintiff, sometime in May, 2000, took a writ of summons under the undefended procedure against the Appellant herein as defendant and claimed against the Appellant as follows:(a) The sum of N504,400. 00 being the principal sum of N155,200. 00 and interests at the rate of 25%, in that on the 17th day of November, 1997, the Plaintiff supplied the Defendant through its B Defendant, (Mounted) with 192 bags of grains (Wheat and Guinea Corn), 12 buckets and 12 head pans at the total costs of N202,200. 00 as requested by the Defendant through various local purchase orders on the condition that payment of the contract sum would be made within 7 days after supplies, and in default attract 25% from the date it became due till1liquidation. The Defendant made a part payment of N47,000. 00 to the Plaintiff leaving a balance of N155,200. 00 together with the accumulated interest of N349,200. 00 as at September, 1998, which sum the Defendant has failed to pay despite repeated demands by the Plaintiff. (b) 25% interest on the principal sum of N155,200. 00 from October, 1998 till date, and 10% interest on the whole sum from the date of judgment until the final liquidation of the judgment debt. (c) The costs of this action. However, by an Admission by Agreement dated 12th October, 2000, pursuant to Section 74 of the Evidence Act and Order 29 Rule 3 of Adamawa State High Court (Civil Procedure) Rules, the parties agreed to settle amicably. The said Agreement duly signed by the parties thereto is contained in page 46 of the Record of Appeal. On the 20th of October, 2000, the trial Court entered judgment in favour of the 1st Respondent and against the Appellant as per the terms of the said Agreement See page 49 of the Record of Appeal for the proceedings of the trial Court on the 20th of October, 2000, in that respect. However, the Appellant having2failed to pay up the monies due to the 1st Respondent, the latter as Judgment Creditor in its bid to recover the judgment sum commenced garnishee proceedings on the 30th of December, 2015, against the 2nd Respondent to attach the said judgment sum or any part of it in the Appellant’s account with the 2nd Respondent. On the 26th of January, 2016, the trial Court granted the Ex Parte application of the 1st Respondent in the following terms:Garnishee Order Nisi against the Central Bank of Nigeria with Office along Galadima Aminu Way, Jimeta-Yola attaching the Judgment sum or such part thereof due from the Judgment Debtor to the Judgment Creditor as par the judgment of this Hon. Court delivered on 20th October, 2000 in Suit No. ADSY/5M/2000 (Per Hon. Justice B. S. Bansi, C. J. as he then was) with accumulated interest which as at 31st October, 2015 stood at four hundred and seventy-six million, seven hundred and six thousand, six hundred and thirty-two naira, eleven kobo only, (476,706,632. 11) which sum is ordinarily due from the garnishee to the judgment debtor by virtue of the banking relationship between the judgment debtor and the3garnishee and is in the TREASURY SINGLE ACCOUNT of the Federal Government of Nigeria and all its agencies to the credit of Judgment debtor and/or Nigeria Police Force or any of its agencies by whatever name called including the Inspector-General of Police and various Nigeria Police State Commands in Nigeria.