Facts:
By an Originating summons, it was disclosed that the 6th Respondent, vide a judgment of the Federal High Court in Suit No: FHC/ABJ/CS/130/13, was adjudged entitled, against the 3rd, 4th and 5th Respondents to a sum of $3,188,079,505.96 USD. The 6th Respondent, based on the above judgment debt, awarded to the Appellant, a contract for the drilling of boreholes in seven hundred and seventy-four (774) Local Governments of the Federation, on the agreement that the contract would be funded from the judgment debt above. The Appellant duly commenced the execution of the above contract but following a disagreement which ensued between the Appellant and the 5th respondent, the Appellant instituted a suit at the High Court of the Federal Capital Territory. The High Court of FCT then ordered that the 5th Respondent pay the Appellant the total sum of $797,019,876.49 USD, representing 25% of the judgment sum of $3,188,079,505.96 USD, in Suit No: FHC/ABJ/CS/130/13 between Linas International Limited and 235 Ors. v. The Federal Government of Nigeria and 3 Ors, directing that the appellant must first be paid the sum of $318,807,950,596, USD, from the said fund. The 3rd to 5th Respondents, who had custody of the judgment sum of Suit No: FHC/ABJ/CS/130/13, failed to honour the directive as contained in the order of the High Court of FCT. This then necessitated the suit instituted at the Federal High Court. In its judgment, the trial court held the Appellant was entitled to priority of payment and that the order for priority of payment is an order which bound parties and non-parties to the suit. The trial court found in favour of the Appellant and granted the alternative relief prayed for by the Appellant.
Dissatisfied with the judgment of the trial court, the 4th Respondent, as well as the 1st and 2nd Respondents, appealed to the Court of Appeal (lower Court), the lower Court allowed the appeal of the 1st and 2nd Respondents.
Further dissatisfied by the decision of the lower Court, the Appellant appealed to the Supreme Court.