FIRST BANK OF NIGERIA LIMITED & ANOR V. FIRST CITY MONUMENT BANK PLC

JAMILU YAMMAMA TUKUR, J.C.A. (Delivering the Leading Judgment): This is an Appeal against the Ruling of the High Court of Lagos State in Suit No. LD/1477/2005 delivered by A. A. Phillips J. on the 20th June, 2008 in favour of the Respondent. Dissatisfied with the Ruling, the Appellants appealed via an Amended Notice of Appeal dated 29th January, 2016.

The Appellants' brief of argument settled by F. B. Odesanya, Esq. of Odesanya and Co. is dated and filed the 29th February, 2016. The Appellants' reply brief is dated 15th February 2016 but filed on 16th February, 2016, the Appellants formulated four issues for determination viz:-

ISSUES FOR DETERMINATION

1. Whether the learned trial Judge was right by not drawing a distinction between garnishee order absolute granted to merit as decided by the court in U.B.N. Plc v. Marcus Ind. Ltd (2005) 13 NWLR (Pt. 943) 654 and the garnishee order absolute granted in default of appearance and defence in this case thereby making the Court to be functus o…