Facts:

Facts:

The respondent obtained a judgment against Peak Merchant Bank Limited sometime in 2002. The judgment debt remained unpaid and in June, 2010 the respondent filed a garnishee proceedings at the High Court of Lagos State against the appellant and the Central Bank of Nigeria in order to recover the judgment debt.

After it was served with the garnishee order nisi, the appellant filed a notice of preliminary objection challenging the jurisdiction of the court on the ground that the respondent ought to have issued a pre-action notice before commencing the suit but failed to do so. The court dismissed the preliminary objection after hearing both parties. The appellant was dissatisfied with the judgment and filed a notice of appeal at the Court of Appeal, Lagos Division.

The respondent filed a preliminary objection challenging the competence of the appeal on the ground that the grounds of appeal did not emanate from the decision of the trial court and that leave of court was not sought to file some of the grounds of appeal which were alleged to be issues of fact and mixed law and fact.