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Court Orders CBN To Pay N8bn Damages To Benue Communities Over Soldiers Invasion - Politics (2) - Nairaland

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Re: Court Orders CBN To Pay N8bn Damages To Benue Communities Over Soldiers Invasion by budaatum: 9:38pm On Aug 19, 2019
cckalima:
looks like there are SAN's here. When odi was invaded and the matter was in court, it was the FG that was found culpable but it went as far as the supreme Court and compensation was paid.Can a garnish order be enforced when the matter is on appeal?
Now, that would make sense. But was compensation already paid? If so, why garnish? And I wonder why we have nothing about the judgement against the FG.
Re: Court Orders CBN To Pay N8bn Damages To Benue Communities Over Soldiers Invasion by vertueptime: 9:43pm On Aug 19, 2019
budaatum:

No! It like you suing my bank for me slapping you. I'm sure my bank will tell you to fuq off, and if my bank does pay you I'd sue my bank and likely win.

The order goes to the FG who could likely be liable here, and not to the FGs banker who has no responsibility for what the FG does!


Clearly u dnt understand how garnishae order works,
Re: Court Orders CBN To Pay N8bn Damages To Benue Communities Over Soldiers Invasion by budaatum: 9:45pm On Aug 19, 2019
vertueptime:


Clearly u dnt understand how garnishae order works,
Kindly enlighten me please.
Re: Court Orders CBN To Pay N8bn Damages To Benue Communities Over Soldiers Invasion by Leo588: 9:48pm On Aug 19, 2019
muykem:
Who is Nigeria president in 2001 and from which party? Because some people have suddenly started parading themselves as lover of Beune people.

Wetin dis one dey talk...abeg pay us our money jare....

Re: Court Orders CBN To Pay N8bn Damages To Benue Communities Over Soldiers Invasion by MyGeneration(m): 9:55pm On Aug 19, 2019
pay them there money
Re: Court Orders CBN To Pay N8bn Damages To Benue Communities Over Soldiers Invasion by cckalima: 9:56pm On Aug 19, 2019
budaatum:

Now, that would make sense. But was compensation already paid? If so, why garnish? And I wonder why we have nothing about the judgement against the FG.
no, not until the Apex court gave judgement. But in this case FG was not indicted in the ruling to warrant a garnish order.

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Re: Court Orders CBN To Pay N8bn Damages To Benue Communities Over Soldiers Invasion by budaatum: 9:57pm On Aug 19, 2019
vertueptime:


Clearly u dnt understand how garnishae order works,

Garnishee proceedings is a process of enforcing a money judgment by the seizure or attachment of debts due or accruing to the judgment debtor that form part of his property available in execution. As such, it is a species of execution upon debts, for which the ordinary methods of execution are unavailable. As with foreclosure, garnishee orders are in two stages, namely, an order nisi followed by an order absolute.
Collins Dictionary of Law © W.J. Stewart, 2006


Note that it is the enforcement of a money judgement. In this case, the FG must have been found liable before garnishing CBN. It's that judgement that I feel is the process being jumped here since I've not found a judgement against the FG.
Re: Court Orders CBN To Pay N8bn Damages To Benue Communities Over Soldiers Invasion by DavidEsq(m): 9:57pm On Aug 19, 2019
budaatum:

Can't say you read your books or you'd at least show you had by your writing, wouldn't you think?
U shld learn ur punctuation marks.
Re: Court Orders CBN To Pay N8bn Damages To Benue Communities Over Soldiers Invasion by teemy(m): 9:59pm On Aug 19, 2019
budaatum:

Kindly enlighten me please.
There would have been an initial judgement against the defendant who would have been found guilty. However, failure to comply would then have led to another court case where fish garnishing and saucing would have taken place.

E.g the gas case we just recently lost. The plaintiff can then file for enforcement of the ruling by having custodians of FG's accounts deduct and credit the plaintiff.

A case lost, judgement not complied with, an enforcement by winner. In that order.

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Re: Court Orders CBN To Pay N8bn Damages To Benue Communities Over Soldiers Invasion by budaatum: 9:59pm On Aug 19, 2019
cckalima:
no, not until the Apex court gave judgement. But in this case FG was not indicted in the ruling to warrant a garnish order.
Are you saying the case was against CBN, and FG was not indicted? How can CBN be garnished then, and on whose behalf?
Re: Court Orders CBN To Pay N8bn Damages To Benue Communities Over Soldiers Invasion by budaatum: 10:01pm On Aug 19, 2019
teemy:

There would have been an initial judgement against the defendant who would have been found guilty. However, failure to comply would then have led to another court case where fish garnishing and saucing would have taken place.

E.g the gas case we just recently lost. The plaintiff can then file for enforcement of the ruling by having custodians of FG's accounts deduct and credit the plaintiff.

A case lost, judgement not complied with, an enforcement by winner. In that order.
Thank you. Garnishment sounds like the enforcement of a guilty order which I have not yet found.
Re: Court Orders CBN To Pay N8bn Damages To Benue Communities Over Soldiers Invasion by budaatum: 10:02pm On Aug 19, 2019
DavidEsq:

U shld learn ur punctuation marks.
I somehow doubt that you could possibly be my teacher.

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Re: Court Orders CBN To Pay N8bn Damages To Benue Communities Over Soldiers Invasion by vertueptime: 10:05pm On Aug 19, 2019
budaatum:


Garnishee proceedings is a process of enforcing a money judgment by the seizure or attachment of debts due or accruing to the judgment debtor that form part of his property available in execution. As such, it is a species of execution upon debts, for which the ordinary methods of execution are unavailable. As with foreclosure, garnishee orders are in two stages, namely, an order nisi followed by an order absolute.
Collins Dictionary of Law © W.J. Stewart, 2006


Note that it is the enforcement of a money judgement. In this case, the FG must have been found liable before garnishing CBN. It's that judgement that I feel is the process being jumped here since I've not found a judgement against the FG.

In my understanding, the order means it was found liable because its a derivative of the judgement, perhaps u need details of the judgment to clear any ambiguities, plus i dnt doubt the judges integrity, hes well grounded and educated nd followed the proper and benefitial judgement for the plaintiff s

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Re: Court Orders CBN To Pay N8bn Damages To Benue Communities Over Soldiers Invasion by cckalima: 10:06pm On Aug 19, 2019
budaatum:

Are you saying the case was against CBN, and FG was not indicted? How can CBN be garnished then, and on whose behalf?
there was a garnishee order after the judgment which found the FG guilty but I went on appeal and that halted the garnishee order pending the determination of the appeal court.

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Re: Court Orders CBN To Pay N8bn Damages To Benue Communities Over Soldiers Invasion by Nnukwueze: 10:08pm On Aug 19, 2019
I was there in Court today
Re: Court Orders CBN To Pay N8bn Damages To Benue Communities Over Soldiers Invasion by DavidEsq(m): 10:11pm On Aug 19, 2019
cckalima:
looks like there are SAN's here. When odi was invaded and the matter was in court, it was the FG that was found culpable but it went as far as the supreme Court and compensation was paid.Can a garnish order be enforced when the matter is on appeal or will be appealed. I think that a judgement preceeds a garnish order and the judgement provides grounds for appeal.
The order of the FHC was that the judgement sum be paid into an "interest-yielding account" under the control of the Reg of the FHC. Now if u say the case is on appeal, that order of the FHC must therefore be an order granted pursuant to a conditional stay of execution. What I mean is that there a judgement awarding that sum to the community. However, the FG must have appealed against the judgment and also sought to stay the execution of the judgement, by filing a motion for stay of execution before the same FHC. Reading the quoted ruling of the FHC, the court must have granted the stay of execution but on a condition that the money be deposited under the custody of the Registrar, so the money would generate interest, pending the determination of the appeal. It was that condition that the lawyers to the community must have sought to enforce or ensure the FG complied with.
A court has no business with requiring it's registrar to hold or take custody of a judgment sum, in any situation other than that of a conditional stay of execution, becos a judgment sum is to be paid to a successful party and to no one else. So the only basis for a court to make this form of order is that a conditional stay of execution was granted to the dissatisfied and appealing party.

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Re: Court Orders CBN To Pay N8bn Damages To Benue Communities Over Soldiers Invasion by budaatum: 10:17pm On Aug 19, 2019
DavidEsq:

What I mean is that there a judgement awarding that sum to the community.
Now, this would let garnishing make sense, and not what was presented as a if CBN was culpable.

You've improved by the way. Keep it up.
Re: Court Orders CBN To Pay N8bn Damages To Benue Communities Over Soldiers Invasion by DavidEsq(m): 10:24pm On Aug 19, 2019
budaatum:

Now, this would let garnishing make sense, and not what was presented as a if CBN was culpable.

You've improved by the way. Keep it up.
And u let urself be led into the bushes by the headline.
"Have you seen a man hasty with his words?There is more hope for a fool than for him".
Proverbs 29:30
Re: Court Orders CBN To Pay N8bn Damages To Benue Communities Over Soldiers Invasion by budaatum: 10:32pm On Aug 19, 2019
DavidEsq:

And u let urself be led into the bushes by the headline.
"Have you seen a man hasty with his words?There is more hope for a fool than for him".
Proverbs 29:30
I was not led by the headline David. I read the entire op, clicked on the link and did a search too, and still found nothing about this judgement apart from the initial case lodged way back in 2011 and the garnish order against CBN, and all because it seemed absurd to garnish CBN without a judgement against the liable FG.
Re: Court Orders CBN To Pay N8bn Damages To Benue Communities Over Soldiers Invasion by DavidEsq(m): 10:38pm On Aug 19, 2019
budaatum:

I was not led by the headline David. I read the entire op, clicked on the link and did a search too, and still found nothing about this judgement apart from the initial case lodged way back in 2011 and the garnish order against CBN, and all because it seemed absurd to garnish CBN without a judgement against the liable FG.
"When a wise man enters into a controversy with a fool,There will be ranting and ridicule, but no satisfaction".
Proverbs 29:9
Re: Court Orders CBN To Pay N8bn Damages To Benue Communities Over Soldiers Invasion by cckalima: 10:46pm On Aug 19, 2019
DavidEsq:

The order of the FHC was that the judgement sum be paid into an "interest-yielding account" under the control of the Reg of the FHC. Now if u say the case is on appeal, that order of the FHC must therefore be an order granted pursuant to a conditional stay of execution. What I mean is that there a judgement awarding that sum to the community. However, the FG must have appealed against the judgment and also sought to stay the execution of the judgement, by filing a motion for stay of execution before the same FHC. Reading the quoted ruling of the FHC, the court must have granted the stay of execution but on a condition that the money be deposited under the custody of the Registrar, so the money would generate interest, pending the determination of the appeal. It was that condition that the lawyers to the community must have sought to enforce or ensure the FG complied with.
A court has no business with requiring it's registrar to hold or take custody of a judgment sum, in any situation other than that of a conditional stay of execution, becos a judgment sum is to be paid to a successful party and to no one else. So the only basis for a court to make this form of order is that a conditional stay of execution was granted to the dissatisfied and appealing party.
yah I agree with your submission. But on whether a court has no business requiring it's registrar to hold judgement sum an exception may apply were the defendant has intention to appeal and it's not known to the court a judge may preempt that there may be an appeal and do that but when the appeal is time bared. Sum will be released to the plaintiff. Although not in all cases.

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Re: Court Orders CBN To Pay N8bn Damages To Benue Communities Over Soldiers Invasion by VolvoS60(m): 10:48pm On Aug 19, 2019
undecided

And the invasion of communities by the Nigerian army continues till this day.

And so taxpayers will foot the bill - yet again - for the lawlessness of some government 'employees' who have refused to learn.

Until the emoluments, pensions and gratuities of soldiers are seized and used to pay for they damage they wilfully cause, the violence and destruction will not stop. Until then, Nigerians will continue to subsidize the impunity of these men.
Re: Court Orders CBN To Pay N8bn Damages To Benue Communities Over Soldiers Invasion by cckalima: 10:48pm On Aug 19, 2019
DavidEsq:

"When a wise man enters into a controversy with a fool,There will be ranting and ridicule, but no satisfaction".
Proverbs 29:9
I honestly think you don't need this. He didn't insult you this time. needless expletives here. Please, let's be adults

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Re: Court Orders CBN To Pay N8bn Damages To Benue Communities Over Soldiers Invasion by budaatum: 10:49pm On Aug 19, 2019
DavidEsq:

"When a wise man enters into a controversy with a fool,There will be ranting and ridicule, but no satisfaction".
Proverbs 29:9
I guess the dispute here is who's the man and who's the fool and who is the one ranting.

As for me, I'm satisfied.
Re: Court Orders CBN To Pay N8bn Damages To Benue Communities Over Soldiers Invasion by DavidEsq(m): 10:50pm On Aug 19, 2019
budaatum:

I guess the dispute here is who's the man and who's the fool and who is the one ranting.

As for me, I'm satisfied.
Yauwa
Re: Court Orders CBN To Pay N8bn Damages To Benue Communities Over Soldiers Invasion by Obudupikin: 10:50pm On Aug 19, 2019
DavidEsq:

"When a wise man enters into a controversy with a fool,There will be ranting and ridicule, but no satisfaction".
Proverbs 29:9

I thought you two were having an interesting exchange.

Why resort to insulting him?
Re: Court Orders CBN To Pay N8bn Damages To Benue Communities Over Soldiers Invasion by DavidEsq(m): 10:52pm On Aug 19, 2019
Obudupikin:


I thought you two were having an interesting exchange.

Why resort to insulting him?
Can u show me where I did that?
Re: Court Orders CBN To Pay N8bn Damages To Benue Communities Over Soldiers Invasion by cckalima: 10:52pm On Aug 19, 2019
Obudupikin:


I thought you two were having an interesting exchange.

Why resort to insulting him?
exactly my take on his action. I think he doesn't need that.
Re: Court Orders CBN To Pay N8bn Damages To Benue Communities Over Soldiers Invasion by cckalima: 10:53pm On Aug 19, 2019
DavidEsq:

Can u show me where I did that?
it wasn't you but the Bible grin grin
Re: Court Orders CBN To Pay N8bn Damages To Benue Communities Over Soldiers Invasion by DavidEsq(m): 10:54pm On Aug 19, 2019
cckalima:
yah I agree with your submission. But on whether a court has no business requiring it's registrar to hold judgement sum an exception may apply [b]were the defendant has intention to appeal and it's not known to the court a judge may preempt that there may be an appeal [/b]and do that but when the appeal is time bared. Sum will be released to the plaintiff. Although not in all cases.
When has speculation become the business of a court?
Re: Court Orders CBN To Pay N8bn Damages To Benue Communities Over Soldiers Invasion by DavidEsq(m): 10:55pm On Aug 19, 2019
cckalima:
it wasn't you but the Bible grin grin
Werey ni e grin grin grin grin grin.
Re: Court Orders CBN To Pay N8bn Damages To Benue Communities Over Soldiers Invasion by cckalima: 11:32pm On Aug 19, 2019
DavidEsq:

When has speculation become the business of a court?
it's the Dynamics of law. A judge refuse to grant one that will be paid directly to the plaintiff but later did after a long while. The courts have always speculated that's why no presidential election and some high profile cases judgement will ever go the way it should especially as the consequence of the judgment out weighs it's merit.

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