Industrial Court Grants Order Nisi Against GTB

Hon. Justice Zaynab Bashir of the Portharcourt Judicial division of the National Industrial Court has granted an Order Nisi attaching the Credit Amount standing in the Guaranty Trust Bank- (Garnishee) in favour of Ibeeco International Co. -Judgment Debtor for the satisfaction of the 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 cost of proceedings.

Justice Zaynab further granted an order directing the Garnishee to appear before the Court to show cause why an Order absolute should not be made against it for the payment of the Judgment sum to Mr. Timothy Onuosa -the Judgment Creditor.

The Court also granted an order restraining the Garnishee from allowing any sum of monies or funds to be transferred or withdrawn or paid out in any manner whatsoever from the bank account of the Judgment Debtors until the Judgment debt and the cost of the Garnishee proceeding are duly paid to the Judgment Creditor.

From facts, the applicant- Mr. Timothy Onuosa had sought the enforcement of the judgment of the court made in his favour in a matter against the firm delivered in 2021 where the Court ordered the firm to pay Timothy Onuosa the sum of N15,200,000.00 (Fifteen Million and Two Hundred Thousand Naira) being the accrued monthly salaries from November 2016 to December 2019 within one month from the date of the delivery of this judgment, failure of which the said sum shall attract interest at the rate of 10% per annum.

In view of the foregoing orders of the court, the Applicant/Judgment Creditor- Timothy Onuosa filed an exparte application urging the court to grant an order for the Garnishee to show cause why an Order absolute should not be made against it for the payment of the Judgment sum to the Judgment Creditor.

He averred that Garnishee has the capacity to satisfy the judgment debt in view of the sums in the account of the Judgment Debtor maintained with Garnishee.

Delivering the ruling after careful evaluation of the submission of the applicant, the presiding Judge, Justice Zaynab Bashir found the application meritorious and held that Timothy Onuosa is entitled to the benefit of a judgment for the recovery of the monies awarded.

Justice Zaynab ruled that Timothy Onuosa is permitted by law to come by way of a motion ex-parte as filed and have same supported with an affidavit stating that the judgment as awarded by this court remains unsatisfied while also positing that the named Garnishees are indebted to the Judgment debtor.