STANBIC IBTC BANK PLC V. AGALA & ANOR

BATURE ISAH GAFAI, J.C.A.: (Delivering the Leading Judgment): This is an Appeal against the decision of the High Court of the Federal Capital Territory Abuja in Suit No. FCT/HC/CV/1950/17 delivered on the 29th of March, 2018, in which an Order Absolute was made against the Garnishee in the garnishee proceedings which gave rise to this Appeal. 

Much earlier on the 27th of September, 2017, the 1st Respondent herein then as the Plaintiff, had obtained a monetary judgment in the sum of Five Million Naira against the 2nd Respondent, then as the Defendant. Upon the refusal of the 2nd Respondent to pay the Judgment debt, the 1st Respondent commenced garnishee proceedings against a number of banks including the Appellant herein. At the end of the garnishee proceedings, the trial Court made an Order Absolute against the Appellant for the judgment sum. 

The Appellant is dissatisfied with the trial Court's decision and thus, lodged this Appeal vide its Notice of Appeal filed on the 4th of April, 2…