RITA NOSAKHARE PEMU, J.C.A. (Delivering the Leading Judgment): This appeal is against the Garnishee Order made in Suit No ID/2121/90 by Honourable Justice E. Akin-Fernandez of the Ikeja High Court No 3 on the 23rd day of May 1997.
FACTS
By Writ of Summons dated 12th of October 1999, the Respondent (as Plaintiff in the Court below), sued the Appellant (as defendant in the Court below) for the following reliefs:
(i) "A Declaration that the Plaintiff is entitled to the sum of 500,000 U.S. Dollars from WELKO INDUSTRIALE SPA, MILANO, ITALY, being commission duly earned during the setting up of Nigerian, Italian Ceramic Factory situate at Akure, Ondo State of Nigeria.
(ii) A Declaration that the 1st Defendant could pay to the Plaintiff the said sum of 500,000 U.S. Dollars out of the balance of the Import Bills of WELCO INDUSTRIALE, SPA, MILANO, ITALY, to wit: 1,362,559:00 U.S. Dollars which said balance is with the 1st Defendant,
(iii) An Order of Mandamus commanding the 1st Defendant herei…