ECOBANK NIG. PLC V. CHIEF (ELDER) ITA ONOYOM ETTE & ORS

JOSEPH JUDE JELLA, J.C.A. (Delivering the Lead Ruling): This is an appeal against the garnishee order absolute of Hon. Justice A. F. A. Ademola of the Federal High Court sitting in Calabar dated 20th March, 2012 in suit No. FHC/CA/M121/2011 in a garnishee proceedings where of the lower Court garnished the sum of N50, million in favour of the garnishor herein the 1st Respondent. Aggrieved the Appellant appealed on a Notice of Appeal filed on 21st May, 2012.

Briefly the facts given rise to this case is that, the 1st Respondent sued the 2nd to 8th Respondent at the lower Court in a Fundamental Right action and the sum of N50 million was awarded as damages against the 2nd to 8th Respondent.

Dissatisfied with this award the Appellant brought this appeal containing 3 grounds of appeal filed on the 31st March, 2013 ie the Amended Notice of Appeal and in the Appellant Amended Brief filed on the 21st June, 2013. On the date the appeal was heard, one issue was distilled for determination as fo…