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SAMUEL CHUKWUDUMEBI OSEJI, JCA(Delivering the Leading Judgment): This is an appeal against the Ruling of A. A. ALABI CJ of the High Court of Lagos State delivered on the 4th day of November, 2005 wherein a Garnishee Order Nisi granted by the said court on 1st September, 2005 was made Absolute against the Appellant and four others.
The judgment leading to the Garnishee proceedings was delivered by C.O. SEGUN CJ of the Lagos State High Court on the 25th day of January, 2000. The said judgment was in favour of (AICTD) the Plaintiff (now 1st Respondent) and against the two original Defendants, (MANNESMANN ANLEGENBAU AG and NNPC in the following terms:-
"I will give judgment in favour of the Plaintiff against the 1st and 2nd Defendants jointly and severally as follows as contained in schedule B of their statement of claim:
(1) $ 1,222,185.40. (US Dollars)
(2) '80 547,105.00 (sterling)
(3) DM 22,270,922.00 (Dutch Mark)
(4) N 2,764,785,40 (Naira)
(5) $ 750,000 being 5% commission of the cont…