In The Supreme Court of Nigeria
On Friday, the 12th day of May, 2017
Before Their Lordships
MUSA DATTIJO MUHAMMAD Justice of The Supreme Court of Nigeria
CLARA BATA OGUNBIYI Justice of The Supreme Court of Nigeria
KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN Justice of The Supreme Court of Nigeria
EJEMBI EKO Justice of The Supreme Court of Nigeria
SIDI DAUDA BAGE Justice of The Supreme Court of Nigeria
GUARANTY TRUST BANK PLC – Appellant(s)
INNOSON NIGERIA LIMITED – Respondent(s)
This is a ruling on an application to raise fresh issue on appeal.
In the suit of Innoson Nigeria Limited, the present Respondent as the plaintiff, at the Federal High Court, Ibadan, the Nigeria Customs Service and the Attorney-General of the Federation were the defendants. In the final judgment delivered on 20th December, 2010, the Federal High Court, in favour of Innoson Nigeria Ltd, ordered the defendants (hereinafter called the judgment debtors) to pay:
“i. Seven Hundred Million, Two Hundred and Twenty Two Thousand Naira (N700,220.000.00) only.
ii. 22% interest on the said sum from the commencement of the action per annum until the date of judgment; and
iii. 22% interest per annum on the said sum from the date of judgment until final liquidation of the judgment sum.”
The Appellant herein was one of the 5 banks moneys belonging to the Nigeria Customs Service were traced to. The Nigeria Customs Service was one of the Appellant’s Customers. On 2nd March, 2011, the Order Nisi issued by the Federal High Court was served on the Appellant (as the 5th Garnishee).
The dismissal of the Appellant’s appeal at the Court of Appeal against the garnishee order absolute has prompted this further appeal.
The Appellant, by the application filed on 5th February, 2016 prayed as follows: –
“i. Leave be granted to it to affect some corrections in the original 11 grounds of appeal;
ii. Leave be granted to it to raise fresh issues in seven (7) additional grounds of appeal shown as Grounds 12, 13, 14,15, 16, 17 and 18 in Exhibit 7, the proposed amended Notice of Appeal.
iii. An Order deeming as filed and served the Amended Notice of Appeal; and
iv. Leave to adduce further or additional evidence – being 5 documents to show that Innoson Nigeria Ltd., the Respondent, had been paid the sums of N706,295,845.96 and N700,220,000.00 respectively on 22nd May, 2012 and 14th December, 2012 following the intervention of the Attorney-General of the Federation, who was the 2nd Judgment Debtor.”
The court determined the application based on the issues raised by the parties.
On the whole, the Supreme Court allowed prayer 1, while prayers 2, 3 and 4 of the application were dismissed.