Facts:

The 1st respondent Union Bank of Nigeria Plc obtained judgment in the High Court of Lagos State for the sum of N540,868.94 (five hundred and forty thousand, eight hundred and sixty-eight naira, ninety-four kobo) against the 2nd respondent Afro World Merchant Co Ltd. The 1st respondent then instituted garnishee proceedings against the appellant/garnishee, Guaranty Trust Bank Plc seeking a garnishee order nisi in respect of all monies standing in the credit of the 2nd respondent’s account at the Plaza 6 Adeyemo Alakija Street, Victoria Island branch of the appellant/garnishee.

The garnishee order nisi was made and the appellant/garnishee was notified to come and show cause on the return date, why an order absolute should not be made against it. In response to the notice to show cause, a seven (7) paragraphs affidavit was filed on behalf of the appellant/garnishee wherein it stated that having gone through it’s record it was unable to find any account in the name of the 2nd respondent and therefore was unable to attach the monies belonging to the 2nd respondent (judgment debtor i.e Afro World Merchant Co Ltd)