HELEN MORONKEJI OGUNWUMIJU, JCA: (Delivering the Leading Judgment): This is an appeal filed by the Appellant against an Order of Garnishee Absolute given by the learned trial judge Hon. Justice J.A. Oyakhirome of the High Court of Justice, Benin City, on the 28th day of September, 2009.
In the said Order, the learned trial judge ordered the Appellant who was the Garnishee in the proceedings before it to pay the sum of ₦7,000,000 (Seven Million Naira) being the judgment debtors' funds kept in Current Account Numbers 6014704681 and the fixed deposit Account 2173701278 maintained by the judgment debtor with the Appellant. The facts that led to this appeal are as follows:
The Respondent herein as a plaintiff in the main suit commenced by way of the undefended list procedure had obtained judgment in his favor for the sum of ₦7,000,000.00 (Seven Million Naira) against the judgment debtor. The said judgment was based on the Respondent's claim for his professional fees as a legal practitioner…