ABUBAKAR SADIQ UMAR, J.C.A. (Delivering the Leading Judgment): This is an appeal against the ruling of the High Court of Lagos State, Lagos Judicial Division delivered by A. Olateru-Olagbegi, J. on 28th September, 2010, wherein an order garnishee nisi was made absolute against the Appellant.
BRIEF STATEMENT OF FACTS
The 4th Respondent as Claimant at the Court below commenced the suit which is the subject of the instant appeal via a Writ of Summons dated 26th February 2006 against the 1st, 2nd and 3rd Respondents as Defendants respectively. The 4th Respondent as Claimant claimed against the 1st, 2nd and 3rd Respondents as Defendants as follows:
a. “The sum of N104, 165, 084.93 (One Hundred and Four Million, One Hundred and Sixty Five Thousand, Eighty Four Naira and Ninety Three Kobo) only being the principal sum together with the accrued interest (as at 31st January 2006) for the facility granted by the Claimant to the 2nd Defendant which was personally guaranteed by the third Defendant a…