GALADIMA, JCA (Delivering the Lead Judgment): The appeal made herein by the judgment creditor is against the ruling of the Lagos State High Court delivered by Ade-Alabi (J.) on 31st day of January, 2001, wherein a garnishee order nisi made on the 18th of January, 2001 was set aside upon an application made by the judgment debtor, the Lagos State Government. The garnishee order nisi was sought by the said judgment creditor as part of efforts to enforce the judgment it had obtained in this matter on the 2nd June, 1999 in suit No. LD/835/99 in which the Lagos State Government was adjudged liable to pay the judgment creditor the sum of US$ 166,353,090.19.
By motion on notice dated 26/1/2001 and heard by the lower court on 31/1/2001 the Lagos State Government sought to set aside the order nisi. After hearing detailed argument from respective counsel for the parties, the learned trial Judge in his ruling set aside the garnishee order nisi. Being dissatisfied with the decision, the j…