Facts:

The 1st to 3rd Respondents’ contention by their affidavit evidence supporting their motion is that they are beneficiaries of a judgment obtained against the 4th Respondent upon the enforcement of their fundamental right in the sum of N9,000,000.00 in the year 2001. That after obtaining the judgment, the 4th Respondent refused to pay up the N9,000,000.00 until they took out a garnishee proceedings attaching the funds of the 4th Respondent in the Appellant’s bank wherein the Trial court made an order absolute attaching the fund of the 4th Respondent in the Appellant’s bank to the tune of N9,000,000.00. Instead of the Appellant paying up, the Appellant engaged in series of Appeals from the garnishee order despite the fact that the 4th Respondent had abandon her own appeal on the merit of the fundamental right action. And even though the Appeal of the Appellant on the garnishee proceedings was dismissed, the Appellant still refused, failed and or ignored to comply with the order of the court to pay the 1st to 3rd Respondents. That the 1st to 3rd Respondents had to attach the funds of the Appellant and the 4th Respondent with the 5th Respondent before the Federal High Court Lagos before the sum of N9,025,000.00 was paid to the Account of Counsel in 2007. According to Counsel, the 1st to 3rd Respondents are statutorily entitled to interest on the judgment sum of N9,000,000.00 and same by way of computation has amounted to N14,899,980.955.

The case of the Appellant who was the 2nd Respondent on the motion at the trial court was simply that she was not a party to the judgment in favour of the 1st to 3rd Respondents for the enforcement of their fundamental right, as she was only brought into the matter upon, the enforcement of the judgment by way of garnishee proceedings. That the judgment of the trial court against the 4th Respondent which the 1st to 3rd Respondents seek to collect interest on did not grant any interest and same had since been paid to the 1st to 3rd Respondents through their counsel and they have taken benefit of same.

On that note, the Appellant urged the court to refuse the application of the 1st to 3rd Respondents. On a considered Ruling, the trial court granted the request of the 1st to 3rd Respondent in part and held that they are statutorily, entitled to interest on their judgment sum but is valid only till the liquidation of the judgment which happened in 2007.

Dissatisfied with the decision of the trial court, the Appellant appealed to the Court of Appeal.