OYEBISI FOLAYEMI OMOLEYE, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of the Federal High Court sitting in Makurdi (the trial Court) delivered on 26th May, 2011.
The background facts of this matter are that, the Respondent herein got the judgment of the Benue State High Court sitting in Makurdi delivered on 15th December, 2010 in his favour and against Bank PHB Plc. for the total sum of Thirty-Six Million, Five Hundred and Twenty-Five Thousand, Nine Hundred and Eleven Naira (N36,525,911.00). In a bid to enforce the said judgment, the Respondent as Judgment Creditor commenced garnishee proceedings before the trial Court "vide" an ex-parte motion dated and filed on 1st April, 2011, to attach the funds of the Judgment Debtor, Bank PHB Plc., in its account No. 0230252822017 with the Garnishee, the Appellant herein, in satisfaction of the total judgment sum - see pages 5 to 7 of the Record of Appeal. The ex-parte motion was heard and granted by the tria…