Facts:

This is an appeal against the ruling of the trial court (High Court of Lagos State, Lagos Judicial Division), delivered by A. Olateru-Olagbegi, J. on 28th September 2010.

The 4th Respondent as Claimant at the court below commenced the suit via a writ of summon, claiming for sums against the 1st, 2nd and 3rd Respondents as Defendants. Upon the conclusion of the trial, the trial court delivered a considered judgment wherein it granted monetary awards to the 4th Respondent.

In a bid to enforce the judgment sum in their favour, the 1st and 2nd Respondents instituted a garnishee proceeding against the Appellant. An Order nisi was granted and the Appellant subsequently filed an affidavit to show cause why the order nisi should not be made absolute. In the said affidavit showing cause, the Appellant deposed to the fact that the 3rd Respondent/Judgment Debtor was indebted to it. However, the trial court found as a fact that there were disbursements from the 3rd Respondent/Judgement debtor’s accounts domiciled with the Appellant to fret the service of the order nisi on the Appellant and prior to the Appellant’s filing of an affidavit showing cause why the order nisi should not be made absolute on this ground, the learned trial Judge made the garnishee order nisi against the Appellant/ Garnishee absolute.

Aggrieved by the decision of the trial court, the appellant appealed to the court of appeal.