WARIGBANI ORUPABO & ORS V. FIRST BANK OF NIGERIA PLC

CORDELIA IFEOMA JOMBO-OFO, J.C.A. (Delivering the Leading Judgment): This appeal emanated from the ruling of the Federal High Court, Port Harcourt Judicial Division (hereinafter to be known as the lower/trial Court), per Hon. Justice B. O. Quadri, J. delivered 11th December, 2014 in suit No. FHC/PH/FJ/03/2009 in respect of garnishee proceedings commenced against the respondent by the appellants.

STATEMENT OF FACTS

The appellants before us being the garnishors/applicants at the lower Court, by way of an ex-parte application dated and filed 7th July, 2014 sought 4 (four) principal reliefs amongst which relief (2) thereof reads as follows:

(2) An order granting leave to the applicants to continue the further prosecution of these garnishee proceedings which were adjourned sine die pending the determination of appeal No. CA/PH/334/2009.

The ex-parte application which was moved on 28th October, 2014 was supported by an affidavit of 10 (ten) paragraphs with some exhibits annexed thereto. (See pa…