Facts:

Boney Marcus Industry limited (the 1st respondent), instituted an action suit no. HOS/229/96 against Nichimen Co. Nigeria Limited (the 2nd respondent) at the Osisioma judicial division of the High court of Abia State. Judgment was entered in favour of the 1st respondent on 19th May 1997.

The 1st respondent as a successful judgment creditor commenced garnishee proceedings against the 3rd respondent and Union bank Nigeria Plc (the appellant) as 1st and 2nd Garnishees respectively. The 1st respondent sought an order of court that the money owed to the 2nd respondent by the 3rd respondent, which money was kept in the 3rd respondent’s account with the appellant bank, be attached to satisfy the judgment debt. On 17th February 1998, the High Court granted an order pursuant to section 85 of the Sheriff and Civil Process Law Cap. 118, Laws of Eastern Nigeria 1963 attaching the money kept in the 3rd respondent’s account with the appellant bank in satisfaction of the judgment debt owed by the 2nd respondent to the 1st respondent