ZENITH BANK V. ETUOBOM I. E. ARCHIBONG & ORS

UZO I. NDUKWE-ANYANWU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the Federal High Court sitting in Calabar delivered on the 7th October, 2009. The Appellant was sued as a garnishee in a garnishee proceeding in Suit No FHC/CA/CS/I/2007 and was duly served with a copy of the garnishee order nisi. On the return date, 7th October, 2009 the garnishee was absent and unrepresented by counsel.

At the hearing of the matter, there was no process filed by the garnishee. There was no affidavit to show cause.

The trial Judge proceeded to make the garnishee order nisi absolute.

Being dissatisfied, the appellant filed his notice and 2 grounds of Appeal. The appellant filed his brief and articulated only one issue for determination, namely thus:

Whether the failure by the trial court to consider the garnishee's affidavit to show cause or hear the Appellant before making garnishee order nisi absolute amounted to a breach of rules of natural Justice and Appella…