FIRST INLAND BANK ZENITH BANK MIDEN SYSTEMS LTD V. MRS. GLORYE. EFFIONG

AKEJU JCA (Delivering the Lead Judgment): The judgment creditor/respondent was the plaintiff in suit No. HEK/UND.123/2006 before the Eket Division of the High Court of Akwa Ibom State which delivered judgment on 7th December 2007 in favour of the judgment creditor/respondent for the sum of ₦11,900,000 (eleven million, nine hundred thousand naira). The judgment debtor who felt dissatisfied with that judgment appealed on 7 January 2008 and filed a motion for stay of execution on the same date. Meanwhile by the motion ex parte filed on 13 December 2007, the judgment creditor commenced garnishee proceedings against the appellant and First Inland Bank as 1st and 2nd garnishee respectively for order nisi requiring the appellant to show cause why it should not be ordered to pay the judgment debt.

The appellant filed the 1st garnishee’s affidavit showing cause on 9 January 2008 and filed further affidavit of 1st garnishee to show cause on 25 January 2008. After hearing the parties, the l…