GARBA JCA (Delivering the Lead Judgment): This appeal was brought by the appellant pursuant to the leave granted by the Federal High Court, Port Harcourt on 20 May 2009, to it as a judgment debtor in a garnishee proceedings before it. The notice of appeal was filed on the same day the leave to appeal was granted and it was amended with the leave of the court vide an amended notice of appeal filed on 23 January 2013, containing six (6) grounds of appeal. The appeal is against the decision by the Federal High Court in the said garnishee proceedings; delivered on 6 May 2009 by which an ex parte order nisi was issued ex parte , on the application by the judgment creditors/garnishors/respondents. The facts that led to the appeal briefly, were that the judgment creditors/respondents had obtained judgment against the appellant and so commenced the garnishee proceedings against the garnishee/respondent in this appeal in respect of the judgment sum.
However, before then, the appella…