Facts:

The respondent as Judgment Creditor took out garnishee proceedings against the appellant and twenty four other banks in the country in respect of the said judgment debt of N2,313,760 (Two Million, Three Hundred And Thirteen Thousand, Seven Hundred and Sixty Naira).

The lower Court issued an order nisi against all the twenty five garnishees on the 26th February, 2020 and adjourned till the 24th March, 2020 for the garnishees to show cause; the matter however did not come up in open Court on the said 24th March, 2020 due to the then COVID 19 restrictions. The next date the matter came up in open Court was 15th September, 2020 on which date the Appellant as well as nine other garnishees were absent in Court and the lower Court proceeded to make the garnishee order absolute against them.

Aggrieved by the decision, the appellant applied to the lower court to set aside the garnishee order absolute. After hearing the parties, the lower court held that it was functus officio. The appellant then appealed to the Court of Appeal.