MRS. FRANCISCA PABLO AMARAN V. VIRGIN ATLANTIC AIRWAYS & ORS

YARGATA BYENCHIT NIMPAR, JCA (Delivering the Leading Judgment): This appeal is against the Ruling of the Federal High Court, sitting in Lagos, Coram ANEKE J., delivered on the 4th of April, 2017 wherein the Court below declined to make order nisi absolute and declined jurisdiction to determine the application while transferring same to the Court of Appeal because the Court of Appeal was seized of the substantive appeal. The Appellant filed an application for Garnishee proceedings against the judgment debtor and the 1st - 7th garnishee by motion ex parte dated 6th December, 2016. The order nisi was made and the application was adjourned to allow the garnishee show cause why they should not pay the judgment creditor, the credit balance in the account of the judgment debtor. Garnishee banks filed an affidavit showing cause as to why the order nisi should not be made absolute. The Court on a further date discharged some of the Garnishee banks except the 1st and 2nd Garnishee herein. The A…