The Abuja District Judge who presided over Suit Number CV/53/2017 – Mr. Jude Daniel Odi vs ECART Internet Services Nigeria Ltd was inundated with applications filed by Jumia’s attorney seeking to stop post-judgment proceedings and execution of the judgment delivered in favour of the MP, Oceanic LP.
Recall the information from our previous blog post that Mr. Jude Daniel (acti), the Managing Partner at Oceanic LP had instituted the above suit to challenge the unilateral enforcement on him, of the terms and conditions, and the return policy of the online shopping giant. We also informed you that Judgment was given in favour of Mr. Daniel.
The court on Tuesday, 7 July, 2020 delivered a notable ruling over the most recent application filed by Jumia’s lawyer. The motion was dismissed in its entirety as an abuse of the court process and a step the court wouldn’t condone. The court awarded two separate costs, one against Jumia and the other against Jumia’s attorney Mr. Terence Vembe.
For a party who is desirous of expeditiously prosecuting its appeal what then is onerous and impossible in the order that such a party makes necessary payments for its appeal within five days? Where a party believes that making payment within five days for an appeal which it is desirous of expeditiously prosecuting is onerous and impossible, the only safe and reasonable conclusion for the court is that such a party never had intention of expeditiously executing its appeal. All it wants to do is to use delay tactics to frustrate the judgment of this court. This, the court will not be party to. HW, C.T. Ubani (Jude vs ECART Internet Services Nig. Ltd.)
In related news, the Court granted an application of Mr. Daniel seeking a garnishee order nisi. That is an order to direct the banks of Jumia to come forward and show reasons why the Judgment sum awarded against Jumia should not be paid directly from the banks to the judgment creditor.
Consequently, both GTBank Plc. and Zenith Bank Plc. are expected to appear before the District Judge in August, 2020 and show cause why the garnishee order nisi (temporal order) should not be made absolute (final).
The decision of the Court in his ruling is very apt and should be applauded. It is high time, the menace of using unserious appeals as a means of denying the Party in whose favour a judgement is, from enjoying the fruits of the Judgment.
Very true Martha. It’s also high time all members of the bar learn to detach personal emotion from their clients’ cases and learn to draw the professional lines. Clients will respect you more for your candour and honest advice than for the legal gimmicks and gymnastics that only perpetuate their problems and heap more overheads on them.
Your Worship, C.T. Ubani is an amazing jurist deserving of the applause. I have appeared several times in his court and watched him preside over cases before him with dedication and fairness to all. His decisions are always sound and you will find yourself desiring a copy even when you are not in the matter.
Amazingly, there is hardly a time he comes in late or skips sittings, not even on days you could tell he is not strong helthwise. One can only pray he gets appointed/elevated by the High Court of FCT soon. Such an assets!