LOKULO-SODIPE JCA (Delivering the Lead Judgment): This appeal is against the judgment delivered on 18 February 2008 by Hon. Justice A.
O. Fabi of the Enugu Judicial Division of Federal High Court of Nigeria in suit No: FHC/EN/CS/139/2006 - Ifeanyichukwu Okonkwo v. Central Bank of Nigeria . The learned trial Judge dismissed the action for being a gross abuse of court process. The appellant beingthe plaintiff at the Federal HighCourt (hereinaftersimply referred to as “the lower court”) commenced an action against the respondent herein,by originatingsummons. The question which the appellant seeks for its determination in the originating summons reads thus: “In purview of garnishee order nisi dated19 May2006 exhibit ‘A’, the defendant’s affidavit dated 19 May 2006 (sic) exhibit ‘B’, the garnishee order absolute dated 19 July 2006 exhibit ‘C’, constructing them with statutory duty imposed on the defendant bank by the community reading of sections 83, 85, 86 and 87 of the Sheriffs and …