GTBank-Innoson dispute: Supreme Court reverses prior ruling, readmits bank’s appeal

The Supreme Court has ruled in favour of Guaranty Trust Bank after it reversed its earlier decision which dismissed an appeal by GTB against a N2.4bn judgment given in favour of Innoson Motors Nigeria Limited by the Court of Appeal in Ibadan, Oyo State.

A senior official of GTB, who confirmed this to The PUNCH on Sunday, said, “Yes, the Supreme court ruled in favour of GTbank on Friday.”

A judgment delivered on Friday by a five-member panel, led by Justice Olukayode Ariwoola, held unanimously that the Supreme Court erred when, in a ruling on February 27, 2019, it erroneously dismissed the appeal marked: SC/694/2014 filed by GTB.

In the lead judgment, written by Justice Tijani Abubakar, but read on Friday by Justice Abdu Aboki, the court held that it was misled by its Registry, which failed to promptly bring to the notice of the panel that it sat on the case on February 27, 2019, and that GTB had already filed its appellant’s brief of argument.

The judgment was on an application by GTB seeking the re-listing of the appeal on the grounds that it was wrongly dismissed.

The Supreme Court said the panel that sat on the case on February 27, 2019, being notified of the existence of the appellant’s brief of argument, would not have given the ruling which dismissed GTB’s appeal on grounds of lack of diligent prosecution.

Relying on Order 8 Rules 16 of the Supreme Court’s Rules, Justice Abubakar, in the lead judgment, held that the apex court has the power to set aside its decision in certain circumstances, like any other court.

He added that such circumstances include where there is any reason to do so, such as where any of the parties obtained judgment by fraud, default or deceit; where such a decision is a nullity or where it is obvious that the court was misled into giving a decision.

Justice Tijani held that the circumstances of the GTB case fall into the category of the rare cases where the Supreme Court could amend or alter its own order on the grounds that the said order or judgment did not present what it intended to record.

“I am convinced that at the material time that the appellant’s appeal was inadvertently dismissed by this court, there was in place, a valid and subsisting brief of argument filed by the applicant.

“It will be unjust to visit the sin of the court’s Registry on an innocent, vigilant, proactive and diligent litigant.

“It is obvious from the material before us, that there were errors committed by the Registry of this court, having failed to bring to the notice of the panel of Justices that sat in chambers on the 27th February 2019 that the appellant had indeed filed its brief of argument.

“This is a case deserving of positive consideration by this court.

“Having gone through all the materials in this application, therefore, I am satisfied that the appellant/applicant’s brief of argument was filed before the order of this court made on the 27th of February 2019 dismissing the applicant’s appeal.

“The order dismissing the appeal was therefore made in error. It ought not to have been made if all materials were disclosed. The application is, therefore, meritorious and hereby succeeds,” Justice Abubakar said.

He proceeded to set aside the court’s ruling of February 27, 2019, dismissing GTB’s appeal and ordered that the appeal marked 694/2014 “be relisted to constitute an integral part of the business of the court until its hearing and determination on the merit.”

Other members of the panel – Justices Ariwoola, John Okoro, Helen Ogunwumiju, Aboki – agreed with the lead judgment.


https://punchng.com/gtbank-innoson-dispute-supreme-court-reverses-prior-ruling-readmits-banks-appeal/

This matter never end.

I can't believe what i just read......

[img]https://c./CeZXjqmiz28AAAAM/jaxandjake-smell.gif[/img]

....to hell with nijeria!

More wahala 4 Gtbank

The only solution to the matter is an out of court settlement. GTBANK will NEVER pay Innoson the amount he’s claiming and there is absolutely nothing he can do about it. They will keep using legal technicalities to prolong the matter till everybody is tired.

The earlier both parties sit together and reach a reasonable out of court settlement, the better for them.

Las las, Nigerians will know the truth of how on earth someone who was alleged to have used forged fake shipping documents to clear goods he used bank loans to import later turn around to claim it's the bank owing him. In fact, while the original documents are still with GTB till date, the shipping company and other personnel involved in the criminality and released the goods on the basis of the forged documents have remained in incarceration yet the prime suspect in the whole crime is jumping from one court to another court because he is a big man and almost seems like the prison is meant for only his alleged co-conspirators.

The wheel of justice may grind slowly but it will eventually catch up with this man unless EFCC and FG drops the case in the special court against special offences.

This country is funny oh.

Let's say the court registrar committed the blunder, what is his punishment for bringing such shame upon the supreme court.

Innoson and GTB should go and settle themselves. E no concern me

FreeStuffsNG:
Las las, Nigerians will know the truth of how on earth someone who was alleged to have used forged fake shipping documents to clear goods he used bank loans to import later turn around to claim it's the bank owing him. In fact, while the original documents are still with GTB till date, the shipping company and other personnel involved in the criminality and released the goods on the basis of the forged documents have remained in incarceration yet the prime suspect in the whole crime is jumping from one court to another court because he is a big man and almost seems like the prison is meant for only his alleged co-conspirators.

The wheel of justice may grind slowly but it will eventually catch up with this man unless EFCC and FG drops the case in the special court against offences.

This one is not smart at all.

Nigeria is actually a jungle

unitedigboworld:
Not surprise. We are in Nigeria where igboman can never get justice. Do you want to tell me that if innoson were to be a Dangote supreme court will now become an appeal court ?.

Victim mentality again,he won at federal high court and appeal court yet Igbo can not get judgement.

Not surprised. The judiciary and the other arms of govt in Nigeria are sh|t.

In a saner clime, this sort of rvbbish can't happen. The case would have long been over with GTB paying through their noses. But no one ever gets any true justice in this country. A failed State indeed. Tueh!

Zoo supreme court.

Hahaha.

Supreme Court of Kangaroos...!!

The world is watching our justice system wallow in the gutters of corruption.

seunmsg:
The only solution to the matter is an out of court settlement. GTBANK will NEVER pay Innoson the amount he’s claiming and there is absolutely nothing he can do about it. They will keep using legal technicalities to prolong the matter till everybody is tired.

The earlier both parties sit together and reach a reasonable out of court settlement, the better for them.

Innoson will never be "tired" and nobody is reaching any out of court settlement with the croojs at GTB.. Take that to the bank. Take a look at innoson. Does he look like the amount involved is effecting him? Your brothers at GTB tried to play una normal tribal games on a diligent business man and it backfired! At the appropriate time, when APC and her jan-jaweed set up are gone, a good government will force GTB to do the needful. .. And pay, they must..

DOTian:


Innoson will never be "tired" and nobody is reaching any out of court settlement with the croojs at GTB.. Take that to the bank. Take a look at innoson. Does he look like the amount involved is effecting him? Your brothers at GTB tried to play una normal tribal games on a diligent business man and it backfired! At the appropriate time, when APC and her jan-jaweed set up are gone, a good government will force GTB to do the needful. .. And pay, they must..

To some of these folks, it is always about ethnicity and nothing else. Such a shame!

The same supreme court that could not reverse Imo disaster. Nigeria is a real "ANIMAL FARM"

seunmsg:
The only solution to the matter is an out of court settlement. GTBANK will NEVER pay Innoson the amount he’s claiming and there is absolutely nothing he can do about it. They will keep using legal technicalities to prolong the matter till everybody is tired.

The earlier both parties sit together and reach a reasonable out of court settlement, the better for them.

It is judgement sum, not "amount he is claiming". Remember this is just to say the Supreme court will now listen to GTB's appeal. The judgement sum is still accruing interest and if GTB fails with this appeal, the money will continue to increase.

In any case, let's see if corruption will fight back.

seunmsg:


To some of these folks, it is always about ethnicity and nothing else. Such a shame!

So, your bigotry cannot see the ethnic colouration in this supreme court decision. People like you deserve jungle justice.

How to make a trillion in Nigeria.

Asks P&ID

heniford2:
More wahala 4 Gtbank

Or rather Innoson

Validated:


So, your bigotry cannot see the ethnic colouration in this supreme court decision. People like you deserve jungle justice.

Kindly point out the ethnic colouration. Mr. Administrator of Jungle Justice.

DOTian:


Innoson will never be "tired" and nobody is reaching any out of court settlement with the croojs at GTB.. Take that to the bank. Take a look at innoson. Does he look like the amount involved is effecting him? Your brothers at GTB tried to play una normal tribal games on a diligent business man and it backfired! At the appropriate time, when APC and her jan-jaweed set up are gone, a good government will force GTB to do the needful. .. And pay, they must..

Why cant you people just look at the merits of the case and not from tribal lens?

Will it affect you just to talk about the points of each side without mentioning anything tribal??

unitedigboworld:
Not surprise. We are in Nigeria where igboman can never get justice. Do you want to tell me that if innoson were to be a Dangote supreme court will now become an appeal court ?.

So you do not know that the Supreme court is 'a kind of court of appeal'?

LasgidyPort:


Why cant you people just look at the merits of the case and not from tribal lens?

Will it affect you just to talk about the points of each side without mentioning anything tribal??

Innoson stated clearly that the manager was prosecuting a tribal agenda.
You guys don't know more about the case than innoson.
And I don't know why you Afonjas are desperate to support GTB! Tribal gang up? Can any of you forfeit a billion naira? Why should innoson forget his billions?

The Supreme Court has ruled in favour of Guaranty Trust Bank after it reversed its earlier decision which dismissed an appeal by GTB against a N2.4bn judgment given in favour of Innoson Motors Nigeria Limited by the Court of Appeal in Ibadan, Oyo State.

https://punchng.com/gtbank-innoson-dispute-supreme-court-reverses-prior-ruling-readmits-banks-appeal/[/quote]

DOTian:

Innoson stated clearly that the manager was prosecuting a tribal agenda.
You guys don't know more about the case than innoson.
And I don't know why you Afonjas are desperate to support GTB! Tribal gang up? Can any of you forfeit a billion naira? Why should innoson forget his billions?

Manager? Tribal agenda? In a case involving two corporate entities.

What brings tribe into a case concerning two companies that didnt consider tribe initially before entering into a joint business transaction. Is this the first time companies will have disagreement?

Which party exactly has been talking about tribe over and over again?

DOTian:


Innoson will never be "tired" and nobody is reaching any out of court settlement with the croojs at GTB.. Take that to the bank. Take a look at innoson. Does he look like the amount involved is effecting him? Your brothers at GTB tried to play una normal tribal games on a diligent business man and it backfired! At the appropriate time, when APC and her jan-jaweed set up are gone, a good government will force GTB to do the needful. .. And pay, they must..

All these senseless ipobians on Nairaland, If Innoson was playing tribe, why did he not go & secure the loan from Fidelity Bank of Ndi Anambra?

LasgidyPort:


Manager? Tribal agenda? In a case involving two corporate entities.

What brings tribe into a case concerning two companies that didnt consider tribe initially before entering into a joint business transaction. Is this the first time companies will have disagreement?

Which party exactly has been talking about tribe over and over again?

Are you minding that Peasant dotian Ipobian?