FREDERICK OZIAKPONO OHO, J.C.A. (Delivering the Leading Judgment): This appeal is against the decision/ruling of the High Court of River State, Holden at Port Harcourt Judicial Division, CORAM: S. H. APRIOKU, J., (Hereinafter referred to as: “the Court Below”) in Suit No: PHC/1426/CS/2022, delivered on 28th July, 2023, wherein the Court below was alleged to have suo motu struck out the name of the Respondent from the garnishee proceedings, after granting an Order Nisi, and before making the Order Absolute, hence shielding away the Respondent from being affected by the Order Absolute and which denied the Appellant a fair hearing and consequently foisted on it a miscarriage of justice.
The garnishee proceeding was filed against a number of garnishees at the Court below. The reliefs as contained in the motion ex-parte initiating the garnishee proceeding are as follows:
a. “An Order granting a Garnishee Order Nisi attaching any funds found in the bank accounts of the judgment debtors with t…