BENEDICT O. IHEAKAM V. FIRST BANK OF NIGERIA

YARGATA BYENCHIT NIMPAR, JCA (Delivering the Leading Judgment): This appeal is against the ruling of the Federal High Court sitting in Lagos delivered on the 26th of May, 2010 by HON. JUSTICE ABUTU, Chief Judge, wherein the Court below made a garnishee order absolute for the sum of N766,833.97 (Seven hundred and Sixty-Six thousand, Eight hundred and Thirty Three thousand and Ninety-Seven kobo) as against the amount on the order Nisi. Dissatisfied with the order of the Court below which sum award was less than the judgment sum and for which an order nisi was made, the Appellant filed an Amended Notice of Appeal on the 26/9/11 setting out 4 grounds of appeal.

Brief facts are that the Appellant got judgment against the Nigerian Railway Corporation and Engr. J.N.C. Maduekwe, the Managing Director of the Nigerian Railway Corporation. The judgment creditor/Appellant obtained an order Nisi for the remaining sum with First Bank of Nigeria to be paid over to the Appellant in satisfaction of the…