JAMES GAMBO ABUNDAGA, JCA (Delivering the Leading Judgment): This is an appeal against the ruling of high court of Lagos State in suit No. LD/3337/97 delivered on 20th March, 2014 by Hon. Justice O. A. Ogala. Dissatisfied with the ruling in which the lower court declined to hear the application of the Appellant who was then applicant, the Applicant appealed to this court by filing a notice of appeal on 2nd April, 2014.
Background Facts
The appellant as plaintiff instituted suit No. LD/3337/97 against the 1st Respondent who was defendant, vide a writ of summons and statement of claim. In the claim the plaintiff claimed special and general damages for damage done to its property situate at No. 40, Warehouse Road, Apapa Lagos. The trial court delivered its judgment on 19th December, 2013 and found for the plaintiff in the sum of N25million damages against the defendant who is Respondent herein. In the bid to realize the judgment debt, the plaintiff initiated Garnishee proceedings by filin…