OCEANIC BANK PLC. V. MICHAEL OLUSEGUN OLADEPO & ANOR

ITA G. MBABA, JCA (Delivering the Leading Judgment): Appellant who was the Garnishee at the Kwara State High Court, brought this appeal against the decision of Honourable Justice S. D. Kawu (Acting Chief Judge) delivered on 9/2/2011, wherein the learned trial court made an earlier Garnishee Order Nisi Absolute, against the Appellant. The 1st Respondent (Judgment creditor) had obtained Judgment in suit No. KWS/129/09 in the ₦4,920,000.00 (Four Million Nine Hundred and Twenty Thousand Naira) with 10% interest thereon from the date of judgment (30/9/2010), against the 2nd Respondent (judgment Debtor). The judgment was also delivered by S. D. Kawu J. The 1st Respondent, as Judgment Creditor, initiated the Garnishee proceeding against 3 banks, including the Appellant and the 2nd Respondent in Suit No. KWS/60M/2010 to recover the judgment debt from the Appellant (as one of the Garnishees) being one of the 2nd Respondent's Bankers, in custody of the 2nd Respondents money.

The learned trial …