OWOADE JCA: (Delivering the Lead Judgment): This is an appeal against the decision/ruling of the Kwara State High
Court presided over by Justice S. T. Abdulkadir delivered on 30 July 2015.
The 1st respondent initiated garnishee proceeding as a judgment creditor before the lower court against the appellant, 2nd and 3rd respondent. The court below issued garnishee order nisi on 14 May 2015 against the appellant and 3rd respondent.
Upon been served with the order nisi , the appellant filed his affidavit to show cause on 12 June 2015 while the 3rd defendant filed its affidavit to show cause on 1 June 2015. A On the date of hearing of the application to make the garnishee order absolute, two documents were tendered which purportedly linked the appellant and the 2nd respondent. The documents were admitted and marked exhibits KH1 and 2. Exhibit KH1 was tendered by the Manager of the appellant pursuant to a subpoena served on him by the court, while exhibit 2 was tendered from the bar.
The …