AMINA ADAMU AUGIE, JSC (Delivering the Lead Ruling): The Respondent commenced garnishee proceedings at the High Court of Rivers State against the Applicant and some other banks, to enforce the Judgment sum of ₦99,600,457.05 obtained against its customer, Admiralty Fleet Ltd. (Judgment Debtor). The trial Court granted the Motion ex-parte on 6/5/2013, and made a Garnishee Order Nisi against the Applicant, who was the first Gamishee, and other Garnishee Banks.
Upon being served, the Gamishee Banks filed their Affidavits to show cause as to why the said order Nisi should not be made Absolute. In the Applicant's Affidavit deposed to by its external counsel based on information provided by one of its Legal Officers, Eddy Henshaw, it was averred that the Judgment Debtor had an Account with the Bank, and that the sum of ₦99,600,457.05 in the Account had been blocked.
However, the Applicant later filed a Further and Better Affidavit, wherein it averred that the earlier Affidavit was incorrect be…