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Sunday, July 25, 2021

JUST IN: Court dismisses application to set aside Garnishee Order against Aba South Local Council

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The Abuja Vacation Judge, Hon. Justice Ibrahim Galadima has dismissed the application filed by Abia State Primary Health Care Development Agency against the garnishee order made in favour of Promise Iheasimuo and Eight others for lacking merit.

The Court held that Abia State Primary Health Care Development Agency lacks the locus required to file the said application to set aside the valid order of the court against Aba South Local Government Council, awarded the cost of N100,000 in favour of the Judgment creditor Promise Iheasimuo and Eight others, and adjourned the matter to 20th October 2020 for further hearing.

From facts, the applicant had submitted that the garnishee account number belongs to the Aba South Local Government Health Authority and not the judgment debtor Aba South Local Government that being a separate entity from the judgment debtor, it shall be wrong to attach its bank account in these proceedings.

The applicant filed the motion on notice to set aside the garnishee order nisi of 6/7/2020 against the said account that the account attached is the salary account belonging to the applicant and that if this order nisi is not set aside as a matter of urgency, the applicant’s employees who are health workers shall down tools and this will therefore result in hardships and so it is expedient for this court to consider and grant the application as a matter of grave urgency.

In response, the judgment creditors Promise Iheasimuo and others stated that the applicant was a stranger as it was the garnishee that was expected to file an affidavit of cause and not the applicant urged that the application be dismissed in the interest of justice.

Delivering the ruling, the presiding Judge, Hon. Justice Ibrahim Galadima held that applicant failed to even attach a certified system-generated statement of account in respect of the account in contention which may have been used in determining the probability of the claim made by it and likely to have convinced this court of their genuineness.

“If this interested party seeks to be joined in these proceedings, it may do so by seeking this court’s leave to be so joined first and not for it to simply file an application as was done for the court to set aside its order nisi.”

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