ACCESS BANK PLC V. EDET OKON BASSEY & ANOR

STEPHEN JONAH ADAH, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of the High Court of Akwa Ibom State in Suit No. HOR/MISC.5/2013 delivered on the 5th day of July, 2013.

The facts are briefly as follow: The 1st Respondent as Applicant in a Fundamental Right Enforcement proceeding got judgment on 23rd April, 2012 against 8 Respondents in suit No. HOR/3/2012 in the sum of N200,000.00 (Two Hundred Thousand Naira) plus cost in the sum of N4,000.00 (Four Thousand Naira). The 1st Respondent in order to enforce that judgment took out Garnishee proceedings against First Bank of Nigeria PLC and the Appellant Access Bank PLC as 1st and 2nd Garnishees respectively. On the 14th day of February, 2013, the Court below granted an Order nisi and directed the Garnishees to show cause why the Order should not be made absolute. The Appellant who was the 2nd Garnishee filed an affidavit to show cause. The Court below in spite of the cause shown, made the Order absolute.…