ABUBAKAR JCA (Delivering the Lead Judgment): This is an appeal against the ruling of the Lagos Division of the High Court of Lagos State, delivered on 13 November 2012 by G. M. Onyeabo J. in suit No: LD/1230/2010.
The relevant facts leading to this appeal are that the C respondents filed an ex-parte application for garnishee order nisi against the appellant and another garnishee bank. The said application is contained at pages 1-13 of the record of appeal.
The court upon hearing the application, the lower court made the garnishee order nisi dated 30 April 2012 contained at pages D 70 - 71 of the record of appeal, wherein the lower court made an order directing the appellant bank to show cause why the order nisi should not be made absolute in respect of any sum held in the account of the judgment debtors/respondents. In compliance E with the order of the lower court, the appellant filed an affidavit showing cause dated 14 May 2012 as contained at pages 14 - 17 of the record of appeal, wh…