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His Lordship, Hon. Justice I. G. Nweneka of the National Industrial Court of Nigeria, Abakaliki Judicial Division Today Tuesday 24th April in a ruling dismissed application for instalmental payment of the judgment debt in a case of CHIOMA OGUEJIOFOR v. JOSEPH SUNDAY ANI for lacking in bona fide.
The applicant counsel Chidozie Chukwuma Esq by motion on notice dated and filed on 15th March 2018, the Defendant/Judgment Debtor/Applicant prayed this Court for An order granting Joseph Sunday Ani [Judgment Debtor] to pay his judgment debt on installment payment of five thousand [N5, 000.00] naira per month until the final payment of the judgment sum of three hundred and eighty-nine thousand, five hundred [389,500] naira only.
The applicant claimed to be bankrupt as a result of business enterprise closure and cannot be able to pay the judgment sum which is put at three hundred and eighty-nine thousand, five hundred [N389, 500.00] naira.
However, Festus Sunday Nweke Esq. counsel for the Judgment Creditor/Respondent explained that the only reason for the application is the alleged bankruptcy of the Applicant which has not been substantiated. He submitted that with the sum of N5, 000, it would take the Applicant about 81 months to fully liquidate the judgment debt and submitted that an order for instalmental payment cannot be made for a long period.
After reviewing the argument of the parties, the Court Presided by Hon. Justice I. G. Nweneka expressed thus;
“I have carefully reviewed the affidavits filed by learned Counsel for the parties and considered their written submissions. Section 47 National Industrial Court Act, 2006 empowers the Court to grant a stay of execution either unconditionally or upon the performance of such conditions as may be imposed in accordance with Rules of the Court. So far, there is no provision of the National Industrial Court [Civil Procedure] Rules, 2017 on payment of the judgment debt by instalments.
However, case law authorities dealing with the issue stipulate that an Applicant for instalmental payment of the judgment debt must prove entitlement to the relief. He must make a full and frank disclosure of his liabilities and obligations, income and assets and demonstrate that in the peculiar circumstances of his case, a stay of execution should be granted.
This is because the Courts do not make it a practice to deny a judgment creditor of the fruit of his judgment.
It will be observed that the Applicant did not set forth his income, assets and liabilities. Also, there is nothing to show when he became bankrupt, his bank statements were not exhibited. There is no full disclosure of the Applicant’s financial status.
In my respectful view, the Applicant has failed to discharge the burden placed on him to prove that he is financially incapacitated and cannot pay the judgment sum en- bloc. In the circumstance, I am inclined to agree with the Respondent that this application is in bad faith aimed at frustrating her education and denying her the benefit of her judgment.
It is my firm view, and I so hold, that this application is lacking in bona fide. The application for instalmental payment of the judgment debt fails and it is hereby dismissed.
Ruling is entered accordingly.
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