CHIEF MAURICE UDO IDUNG & ANOR V. THE COMMISSIONER OF POLICE & ORS

STEPHEN JONAH ADAH, JCA (Delivering the Leading Judgment): This is an appeal against the decision of the High Court of Akwa Ibom State sitting at Uyo in Suit No. HU/MISC.385/2013 delivered on 31st day of March, 2014.

The facts of this case are simple and straight-forward. The Appellants as Applicants before the Lower Court commenced garnishee proceedings as judgment creditors to recover the sum of Seven hundred thousand Naira (₦700,000) only judgment debt along with Fifty Thousand Naira (₦50,000) cost for the garnishee proceedings. The judgment was obtained by the Appellants/Judgment creditors against the 1st, 2nd, 3rd and 4th Respondents/Judgment Debtors. The 5th Respondent was the Garnishee.

The matter was originated by the motion ex-parte filed before the Lower Court by the Appellants in this appeal on 5th December, 2014. The reliefs on the face of the motion papers are as follows:

1. An order Nisi garnishing the accounts of the Judgment Debtors (i.e. the accounts maintain by the poli…