Court grants order to Nisi against GTB and prohibits transactions from judgment debtor’s account

Hon. Judge Zaynab Bashir of the Portharcourt Judicial Division of the National Labor Court issued a Nisi order fixing the amount of credit remaining to Guaranty Trust Bank- (seizure) in favor of Ibeeco International Co.-judgment debtor for satisfaction of judgment debt in the sum of N15,200,000.00 (Fifteen Million Two Hundred Thousand Naira) and N200,000.00 (Two Hundred Thousand Naira) as court costs.

Judge Zaynab further granted an order directing the garnishee to appear before the Court to show cause why an absolute order should not be made against him for the payment of the judgment sum to Mr. Timothy Onuosa – the judgment creditor.

The Court also issued an order prohibiting the garnishee from permitting the transfer, withdrawal or payment of any money or funds in any way from the judgment debtors’ bank account until the debt judgment and the cost of the garnishment proceedings are duly paid to the judgment creditor.

According to the facts, the plaintiff – Mr. Timothy Onuosa had sought enforcement of the judgment of the court rendered in his favor in a case against the company rendered in 2021 where the court ordered the company to pay Timothy Onuosa the sum of N15,200,000.00 (Fifteen million two hundred thousand naira) being the monthly salaries accrued from November 2016 to December 2019 within one month from the date of delivery of this judgment, failing which the said sum shall bear interest at the rate of 10% per annum.

In light of the foregoing court orders, Plaintiff/Judgment Creditor – Timothy Onuosa has filed an ex parte motion urging the court to grant an order to the garnishee as to why an absolute order should not be made against him for payment of the Judgment Amount to the Judgment Creditor.

He asserted that the garnishee has the ability to satisfy the judgment debt given the amounts in the judgment debtor’s account maintained with the garnishee.

Rendering the decision after a careful assessment of the claimant’s submission, the presiding judge, Judge Zaynab Bashir, found the claim to be meritorious and found that Timothy Onuosa was entitled to the benefit of a judgment for the recovery of the sums awarded.

Judge Zaynab ruled that Timothy Onuosa is permitted by law to come through an ex parte motion as filed and supported him with an affidavit stating that the judgment rendered by this court remains unsatisfied while also postulating that named garnishees are liable to the judgment debtor.

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