Whether an Order Made in Favour/Against a Non-Party can be Enforced By/Against such Party

CASE TITLE: CBN V. LIDAN ENGINEERING LTD & ORS (2026) LPELR-83062(SC)

JUDGMENT DATE: 16TH JANUARY 2026

PRACTICE AREA: PRACTICE AND PROCEDURE

LEAD JUDGMENT: OBANDE ​FESTUS OGBUINYA, J.S.C.

SUMMARY OF JUDGMENT:

INTRODUCTION:

This appeal borders on garnishee proceeding.

FACTS:

This is an appeal against the judgment of the Court of Appeal Coram: M.B. Dongban-Mensem, S.J. Adah and Y.B. 7th of Nimpar, JJCA, delivered on the 7th of January, 2021, affirming the decision of the Federal High Court, Abuja Division, delivered on 18/2/2019. Where the trial Court made a garnishee order absolute against the Appellant.

Sometime in 2004, the 1st-4th respondents imported six 40 ft containers into Nigeria from the United States of America. They alleged that three of the six 40 ft containers were wrongly auctioned by the fifth to seventh Respondents, who refused to compensate them despite repeated demands. They therefore instituted an action at the Federal High Court to seek redress. The Court on 24/4/2012, Coram: G.K. Olotu, J., granted the claim and awarded the sum of N320,000,000 as damages to the 1st-4th Respondents and against the 5th-7th Respondents.

After securing a garnishee order nisi against the Appellant, which was struck out, the first-fourth Respondents, subseqforuently recommenced another garnishee proceeding before the trial Court, with the fifth-seventh Respondents listed as judgment debtors. The Appellant filed an affidavit to show cause in compliance with the garnishee order nisi. The trial Court made the order absolute for the sum of N509,000,000 against the Appellant.

The Appellant was dissatisfied with the decision and therefore filed an appeal before the Court of Appeal. The Court of Appeal dismissed the appeal and affirmed the decision of the trial Court. The Appellant, still dissatisfied, filed this appeal.

ISSUES FOR DETERMINATION:

The Court determined the appeal on the following issues:

1. Whether the Lower Court was right in holding that the Garnishee in this case does not stand as a public officer and consequently the consent of the Attorney- General was not required before commencing the Garnishee Proceedings.

2. Whether the Lower Court was right in affirming the judgment of the Trial Court, which held that the Nigeria Customs Service is the judgment debtor in this case.

DECISION/HELD:

The appeal was dismissed.

RATIOS:         

• JUDGMENT AND ORDER- ENFORCEMENT OF JUDGMENT: Duty of Court to disallow any act or application by a judgment debtor that stifles or intentionally delays the enforcement of judgment by a judgment creditor
• LEGAL PRACTITIONER- DUTY OF COUNSEL: Whether lawyers can misuse their knowledge of the law and legal procedure to stultify the process of administration of justice
• PRACTICE AND PROCEDURE- GARNISHEE PROCEEDINGS: Whether the Central Bank of Nigeria is a public officer within the meaning of Section 84 of the Sheriffs and Civil Process Act as to require the consent of the Attorney-General of the Federation before garnishee proceedings can be commenced against it
• PRACTICE AND PROCEDURE- GARNISHEE PROCEEDINGS: Whether an order made in favour of/against a non-party can be enforced by/against such party; instance(s) where the Nigeria Customs Services can be regarded as a judgment debtor even though it was not a party to the original suit

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