The Lagos Division of the Court of Appeal has upheld the judgement of a Lagos High Court, which ordered First Bank to pay the sum of N5 million to a businesswoman, Ganiat Amope Dilly.
In a unanimous judgment, the lead Justice, Fatima Akinbami also slammed N100, 000 costs against the bank for instituting the appeal.
Members of the panel which included Justice Obande Festus Ogbuinya and Justice Fredrick Oziakpono Oho, all agreed that the appeal lacked merit.
Mrs Dilly had through an ex parte application, prayed for Order Nisi for the enforcement of the judgment of the Court of Appeal, Lagos in her favour granting compensatory damages of N5 million under the fundamental rights enforcement action challenging the extrajudicial killing of her deceased son by the judgment debtor (Inspector-General of Police).
The lower court agreed with the respondent’s counsel and proceeded to make the Order Nisi absolute against the Appellant (First Bank).
Order Nisi, is an order that will ripen or take effect at some set date in the future unless the order is annulled by the court before that date.
Dissatisfied with the judgment of the lower court, First Bank approached the appellate court through its counsel, Emmanuel Okorie, in a Notice of Appeal marked CA/L/1168/2018.
According to the appeal, First Bank asked for an order allowing its appeal and set aside the judgment/order of the lower court made against it on 3 July 2018, in Suit No. BD/1825 MJR/2018, instituted by Mrs Ganiat Amope Dilly Vs Inspector-General of Police and Others, having First Bank, as the second Garnishee.
First Bank also prayed the court for an order discharging it from the garnishee proceeding.
During the hearing of the appeal, First Bank counsel, Okorie Esq, adopted the appellants’ brief of argument, filed on 20 December 2018, and deemed properly filed on 7 March 2019, as representing his arguments for the appeal.
Similarly, counsel for the respondent, Olukoya Ogungbeje Esq, adopted his client’s brief of argument, filed on 4 March 2019, deemed properly filed on 7 March 2019, as forming his reactions against the appeal. He urged the court to dismiss it.
After perusing all the processes filed in the appeal by both parties and citing superior legal authorities, Justice Fatima Omoro Akinbami in her lead judgement held this: “I have carefully perused the record of appeal, as well as the briefs of arguments of the parties. I find that the appellant’s counsel admitted that he was late to court on 3 July 2018, consequently was absent when the court heard the application for Decree Absolute. He, therefore, did not place the appellant’s counter affidavit filed on 13 June 2018, before the court in opposition to the grant of the Decree Absolute’’.
Justice Akinbami held that there was no counter-affidavit before the lower court on 3 July 2018, when the court heard the application for Decree Absolute.
“The learned trial judge arrived at the correct finding based on the materials placed before the court. Undisputedly, the decision reached by the learned trial court is one based on the evidence placed before the court, and ought not to be disturbed.
“Consequently, this appeal being unmeritorious is hereby dismissed. I assess cost at N100, 000: 00 in favour of the respondent”.
Other members of the panel agreed with the reasoning of Justice Akinbami and equally dismissed the First Bank appeal for completely lacking in merit.
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