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The Commercial Case Law Index is a collection of judgments from African countries on topics relating to commercial legal practice. The collection aims to provide a snapshot of commercial legal practice in a country, rather than present solely traditionally "reportable" cases. The index currently covers 400 judgments from Uganda, Tanzania, Nigeria, Ghana and South Africa.
Get started on finding judgments that are relevant to you by browsing the topic list on the left of the screen. Click the arrows next to the topic names to reveal a detailed list of sub-topics. Most judgments are accompanied by a short summary written by subject-matter expert postgraduate students from the University of Cape Town.
GUARANTY TRUST BANK PLC V INNOSON NIGERIA LIMITED (SC. 694/2014)[2017] NGSC 25 (12 May 2017) (SC. 694/2014) [1960] NGSC 1 (11 May 2017); 
CL Index Fresh Issues On Appeal Appeals and reviews Civil Procedure Garnishee Proceedings Civil Remedies Abuse of Process Conduct of proceedings Civil Procedure Garnishee Order Nisi Civil RemediesIn this case, monies held by the appellant belonging to the Nigeria Customs Service were traced. An order nisi was served on the appellant as the fifth garnishee. This case illustrates how the garnishee proceedings do not avail the garnishee to attack a judgment that the judgment creditor and debtor have accepted.
The court considered whether the appellant should be granted leave to raise fresh issues in additional grounds of appeal. The court explained that garnishee proceedings were not a process employed by the garnishee to fight a proxy war against the judgment creditor on behalf of the judgment debtor. The court held that a decision of a court of law not appealed against is to be accepted by the parties and it remains binding on them other parties, including garnishees.
The court held that the appellant had prayed for leave to raise issues that this court did not have the benefit of the views of the court below. The court considered order 2 rule 12 of the Rules of the Court which provide that the court may exercise its discretion to accept fresh evidence. The court held that there was a mischievous purpose attached to the appellant’s application and no power in law inheres in the garnishee to fight the cause of a judgment debtor.
The court concluded that the cause of action available to the garnishee was quite limited and therefore the application in this case was an abuse of the court process.
The court dismissed the application with costs.
Nigerian Copyright Commission and Others v Musical Copyright Society of Nigeria LTD/GTE (CA/L/692/12)[2017] NGCA 1 (9 June 2017) (CA/L/692/12) [2017] NGCA 1 (08 June 2017); CL Index Garnishee Proceedings Civil Remedies Garnishee Order Nisi Civil Remedies Null Judgment Errors and rectifications Civil ProcedureIn this case, the respondent had filed an application for the enforcement of a judgment by means of garnishee proceedings. The court then granted an order of garnishee nisi, which the appellants then filed an affidavit to show cause. The matter was heard and the court made the garnishee order absolute. This case illustrates effect of a null judgment.
The court considered whether the High Court erred in granting the garnishee orders absolute. The court considered the direct effect of the judgment that had been made by the same court. The court had found that the judgment of the court below was incompetent and therefore a nullity.
The court held that the law was settled that, ‘out of nullity nothing worth anything or something can emerge or be predicated’. The court held that a null judgment though it existed as a fact, was devoid of any legal consequences. It was as if the judgment did not exist.
Therefore, the court concluded that the garnishee orders absolute made by the court below had automatically become nullity as well and were liable to be set aside ex debito justitiae (as of right).
The court upheld the appeal and wholly set aside the garnishee orders absolute.