The issue for determination comes within very narrow confines even if the appellant’s brief has not been helpful in making things as simple as they ought to be.

The facts, briefly put, are that the appellant obtained judgment against the judgment debtor i.e. the Cross River Estates Ltd. In an undefended list for N2,719,000 with 21% interest and costs of N2,000 and out of pocket expenses of N296. The judgment debtor failed to satisfy the judgment debt. The appellant (judgment creditor) thereupon commenced a garnishee proceeding against the money allegedly belonging to the judgment debtor in the respondent’s bank. By a motion ex parte, the appellant obtained a garnishee order nisi against the respondent for the money. By a motion dated 6th day of June, 1997, the respondent’s solicitors applied to discharge the garnishee order nisi made against it. In its ruling dated 17/7/97, the lower court discharged the said order. It is against this ruling that this appeal has come to this court.

The main grouse of the appellant is that after argument on the motion to discharge the garnishee order nisi, ruling on the motion was adjourned but before the date of the ruling, learned counsel for the respondent, by a letter dated 30th June, 1997 wrote the registrar of the lower court forwarding to him an authority, to wit, Decree No. 107 of 1993 for onward transmission to the trial Judge. The letter was duly copied to the appellant’s counsel. The appellant therefore complains that the learned trial Judge acted on the Decree without summoning counsel on both sides to address him.

The appellant appealed.