WEST AFRICAN EXAMINATIONS COUNCIL V. IKANG

AKAAHS JCA (Delivering the Lead Ruling): The applicants filed a motion on notice praying for the following relief:

An order setting aside the garnishee order nisi made on the accounts of the 1st applicant against its accounts with First Bank of Nigeria Plc and Union Bank of Nigeria Plc, dated 25 January 2011, by the Federal High Court, Calabar.

The grounds upon which the application is made are: 

1. That the applicants filed a motion for stay of execution on 22 November 2010, and it is still pending without a date from the court.

2. That the 1st respondent filed garnishee order nisi application on 20 January 2011 and was promptly given a date.

3. That the lower court ought to have disposed of the applicant’s motion for stay of execution before considering the garnishee order nisi application.

4. That the appeal has been entered in this court, thus robbing the lower court jurisdiction to continue hearing any application connected or pertaining to this appeal.

The application is sup…