ESTISIONE H. NIGERIA LIMITED & ANOR V. OSUN STATE GOVERNMENT & ANOR

KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN, JCA (Delivering the Leading Judgment): This is an appeal against the decision of S. O. OGUNNIYI, J, of the High Court of Osun State, Osogbo Judicial Division of 9/5/05 disqualifying himself from further adjudication in the garnishee proceedings pending before him.

The garnishee proceedings arose as a result of an arbitral award in the sum of N85,505,788.00 plus 25% interest per annum made on 20/12/02 in favour of the appellants by an arbitral tribunal presided over by Hon. Justice Kayode Eso, JSC (retired Justice of the Supreme Court). The 1st respondent, at the court below, sought to have the award set aside. The application was refused on 18/2/05 and the award made the judgment of the court. The appellants thereafter commenced garnishee proceedings.

On the 6/4/05, the lower court pursuant to an ex-parte application filed by the judgment creditors (appellants herein), made an order nisi against the 2nd respondent herein, cited as the garnish…