At the High Court of Abia State in the Osisioma Judicial Division. Boney Marcus Industries Limited as plaintiff commenced an action against Nichimen Co. Nigeria Limited as defendant in Suit No. HOS/229/96 judgment was given in favour of the plaintiff on 19th May, 1997.
In due course the plaintiff filed garnishee proceedings praying that it be paid the judgment debt in the hands of Metcome Nigeria Limited and Union Bank Nigeria Plc. as garnishees.
On 17th February, 1998 the High Court gave a ruling. In it the High Court ordered as follows:-
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"IT IS HEREBY ORDERED, pursuant to section 85 of the Sheriffs and Civil Process Law Cap. 118, Laws of Eastern Nigeria. 1963 applicable in Abia State, that the money belonging to the judgment debtor in possession of the 1sl Garnishee which money is in the 1st garnishee's Account with the 2nd garnishee be attached to satisfy the judgment debt, together with the costs of the garnishee proceedings."
Although dissatisfied with the ruling, the 2nd garnishee/appellant promptly complied with the order embodied therein by sending to the registrar of the trial High Court on 25th February, 1998 a cheque for an amount representing the balance in the 1st garnishee's account with it. Thereafter on 27th March, 1998 the 2nd garnishee, Union Bank Nigeria Limited filed a Notice of Appeal against the said ruling. It is as to the competence of that notice that the plaintiff/judgment creditor has raised the objection that has given rise to the present proceedings
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