MUHAMMED LAWAL SHUAIBU, J.C.A. (Delivering the Leading Judgment): This appeal is against the ruling of the Federal High Court sitting in Calabar, delivered by Hon. Justice I. E. Ekwo on 2nd March, 2018 wherein Garnishee Order Nisi was made absolute against the account of the judgment debtor (United Bank for Africa Plc) with the Garnishee (Central Bank of Nigeria).
The 1st respondent/judgment creditor commenced garnishee proceedings at the lower Court against the 2nd respondent as judgment debtor and appellant as the Garnishee. In response to the Order nisi, the appellant filed a notice of preliminary objection for an order seeking to set aside the order nisi for want of jurisdiction. The same was supported by an affidavit and Exhibits attached. The judgment creditor (hereinafter referred to as the 1st respondent) filed a counter affidavit in reaction to same.
The trial Court after hearing counsel for the appellant and the 1st respondent found no merit in the preliminary objection and ac…