CENTRAL BANK OF NIGERIA V. AUTO IMPORT EXPORT & ANOR

IBRAHIM MOHAMMED MUSA SAULAWA, JCA (DELIVERING THE LEADING JUDGMENT): This is an appeal against the ruling of the High Court of Lagos State, Lagos Judicial Division, which was delivered by the Hon. Justice A.A. Oyebanji on May 30, 2008. By the said ruling, the court below made the garnishee order absolute, to the effect that the Appellant (Garnishee) shall pay forthwith to the 1st Respondent (judgment Creditor/Garnishor) the total of the judgment sum entered by the Supreme Court in the judgment thereof on 16/12/05, together with interests accruing thereupon. Being dissatisfied with the said ruling, the Appellant filed the notice of appeal thereof on 09/6/08.

FACTS AND CIRCUMSTANCES SURROUNDING THE APPEAL:

As gleaned from the records of appeal, the genesis of the appeal is traceable to 16/12/05. That was the day on which the judgment in question was entered by the Supreme Court in favour of the 1st Respondent, against the 2nd Respondent and two others, namely: (i) J.A.A. Adebayo (Rece…