Facts:

The respondent obtained a judgment in December, 2014 at the High Court of Lagos State against the appellant and commenced garnishee proceedings against some banks in order to enforce the judgment and recover the judgment sum. The court heard the garnishee application and made an order nisi directing the garnishees to appear before it to show cause why the order should not be made absolute. The appellant however filed two separate applications, one to set aside the judgment and the other to set aside the order nisi. After hearing the parties on the applications of the appellant, the trial court dismissed them and made the order absolute. The court further held that the counter affidavit of the appellant did not disclose sufficient facts to support the contention that it was not served the hearing notice of the order nisi. The appellant became aggrieved and consequently, filed a notice of appeal at the Court of Appeal, Lagos Division challenging the ruling of the court dismissing its application to set aside the order nisi on the ground that it was not served with the order.

The issue raised in the appeal borders on whether the trial court was competent and had jurisdiction to hear and grant the order absolute when the judgment debtor was not served with the order nisi in line with section 83(2) of the Sheriffs and Civil Process Act, 2004.