A Garnishee lacks the power to fight the cause of a Judgement Debtor.

 

Guaranty Trust Bank Plc v. Innoson Nig. Ltd. [2017] 16 NWLR (Pt. 1591) 181 at 203, paras. D-F, per Eko, JSC:

“It is not for a garnishee to fight the cause of a judgment debtor who either accepts the judgment against him and does nothing about it, or who may be indolent to fight his cause. No power in law inheres in the garnishee to make himself a busybody and proceed like Don Quixote, the Knight Errant, to fight the cause of the judgment debtor who is his customer. A judgment debtor whose money or property is seized or attached through garnishee proceedings in excess of the judgment sum has several options in law to deploy to forestall such unwarranted seizure or attachment. It is not for the garnishee to embark on any of such options, which he lacks the locus standi to embark on. The cause of action accruable to the garnishee in a garnishee proceeding is quite a limited one. It does not include his usurping the cause of action of the Judgment Debtor.”

Blogger’s Note:

The Supreme Court by the above statement further reiterated what is otherwise trite principle of law regarding garnishee proceedings. It remains a mystery why the Appellant decided to fight what the apex Court rightly described as a mischievous proxy war against a Judgment that does not concern it. Continue reading A Garnishee lacks the power to fight the cause of a Judgement Debtor.

ALL decisions of the National Industrial Court are appealable to the Court of Appeal.

 

Skye Bank Plc v. Iwu [2017] 16 NWLR (Pt. 1590) 24 at 105-106, paras. H-E, per Nweze, JSC:

“In all, then, on a holistic interpretation of sections 240 and 243(1) of the 1999 Constitution, appeals lie from the trial court (National Industrial Court) to the lower court (Court of Appeal), that is, all decisions of the trial court are appealable to the lower court: as of right in criminal matters, [section 254c(5) and (6)] and fundamental right cases, [section 243(2)]; and with the leave of the lower court, in all civil matters where the trial court has exercised its jurisdiction, sections 240 read conjunctively with sections 243(1) and (4). The answers to the questions posed to this court in this case statement, therefore are: (a) the lower court, that is the Court of Appeal, has the jurisdiction, to the exclusion of any other court in Nigeria, to hear and determine all appeals arising from the decisions of the trial court, that is, the National Industrial Court; (b) no constitutional provisions expressly divested the said Court of Appeal of its appellate jurisdiction over all decisions on civil matters emanating from the trial court, the National Industrial Court; and (c) as a corollary, the jurisdiction of the Court to hear and determine civil appeals from the decisions of the National Industrial Court is not limited, only, to fundamental rights matters.”

Blogger’s Note:

The above epoch-making decision of the Supreme Court has laid to rest the controversies surrounding the legal status of the decisions of the National Industrial Court (NIC). Taken that presently, many are already aware of this decision, we shall here highlight the deducible rationale behind the majority decision and the reasoning of the Supreme Court (in no particular order). Continue reading ALL decisions of the National Industrial Court are appealable to the Court of Appeal.

Dreams Still Come True: Babalakin and Co Honours Tola Oshobi SAN

 

Tola Oshobi SAN.

Tola Oshobi (SAN), partner, Babalakin and Co. (B & C), and Head, Litigation and Dispute Resolution Group was recently conferred with the prestigious rank of the Senior Advocate of Nigeria on Monday, 18th September, 2017. The latest Silk in town joins his two other Seniors in the Firm in the inner bar – Dr. Bolanle Olawale Babalakin (SAN) and Mr. Wale Akoni (SAN). Continue reading Dreams Still Come True: Babalakin and Co Honours Tola Oshobi SAN

A debtor can validly transfer, by novation, his debt obligations without the written consent of the creditor.

 

Crushing Dragon (Nig.) Ltd & Anor. v. Skye Bank Plc & Anor. Suit No. LD/ADR/534/2013, page 9, per Animahun J.:

“In Pat Onegbedan, Esq. v. Unity Bank Plc (2014) LPELR-22186 (CA), novation was described thus: “Contract by novation is a form of assignment in which by consent of all parties thereto, a new contract is made and substituted for an existing contract. Hence one of the essentials of the new contract, that is, novation, is that the consent of all the parties must be obtained. However, such consent need not be in writing; it may be inferred from the conduct of the parties, without express words…” See also African Continental Bank Ltd & Anor v. Ifeanyi Ajugwo (2011) LPELR – 3637 (CA). So, the issue is not (as argued by Counsel for the 1st Defendant) that the novation is invalid because the 1st Defendant did not consent to it. Rather, it is whether the 1st Defendant can be heard to deny the validity of the novation having taken benefit thereunder. The additional benefit gotten by the 1st Defendant is the property of the deceased used as a collateral for the debt.”

Continue reading A debtor can validly transfer, by novation, his debt obligations without the written consent of the creditor.

A counsel whose fees have not been settled can lawfully refuse service of a process on him.

 

Darlington Eze v. Federal Republic of Nigeria [2017] 15 NWLR (Pt. 1589) 433 at 477, paras. F-G, per I. T. Muhammad, JSC:

“…The settled practice is that a counsel whose fees have not been settled can lawfully refuse service of a process on him, and in that case, the litigant must personally be served with the process in question before a decision is taken against him, failing which would amount to a breach of the right of fair hearing…”

Blogger’s Note:

The Supreme Court has by the above position made it clear that solicitor’s professional fees should ordinarily be taken seriously to avoid needless risks. For instance, where a counsel refuses to accept a process served on him for failure of his client to perfect his brief and the process is accordingly served on the litigant himself and proof of the said service is supplied, the court can validly proceed with the case and will not wait for the litigant to brief another counsel. Thus, it is a huge risk for a litigant to treat his solicitor’s fees as a trivial matter. Continue reading A counsel whose fees have not been settled can lawfully refuse service of a process on him.

The pain and hardship of young lawyers in the hands of senior colleagues has been judicially noticed.

 

Ifeanyi Okeke Esq. v. Wale Ogunade Esq. Suit No. NICN/LA/432/2014, per Amadi J:

“This case once again shows the pain, hardship and difficulty which some young lawyers undergo in the hand of some senior colleagues, who ordinarily should encourage them. I commend the tenacity and dexterity of the Claimant in pursuing justice in this matter since 2012 up to this stage. In the same vein, I condemn the conduct of the Defendant in trying to wish away the earned salary of the Claimant in this suit.”

Blogger’s Note:

Sadly, the hardship young lawyers face in Nigeria in the hands of senior colleagues is now judicially noticed. This pain and hardship manifest in various forms ranging from incredibly and ridiculously low earnings to massive exploitation of human skills, time and energy. Thus, even some firms who pay fairly good salaries more or less ask for the ‘blood’ of the associates working for them, in a manner clearly suggestive of acute ‘noble’ slavery. This runs against all internationally recognised labour standards and best practices. Taken that the practice of law is largely rigorous and that young lawyers must pay their ‘dues’ (whatever that means) in the course of being trained on the job, this should not be a general excuse for subjecting young lawyers to a working condition that totally rob them of reasonably fair and decent living. Continue reading The pain and hardship of young lawyers in the hands of senior colleagues has been judicially noticed.