Facts
The Appellant filed a suit against the 1st Respondent, wherein it claimed the sum of N27,165,103.66 (Twenty-seven million, one hundred and sixty-five thousand, one hundred and three Naira, sixty-six kobo) as outstanding sums due to the Appellant in
respect of two contracts it entered into with the 1st Respondent; interest at the rate of 30% per annum and the sum of N200million as damages. On 20th December 2011, the trial court delivered judgement in favour of the Appellant. In execution of the judgement, the Appellant obtained a Garnishee Order Nisi against the 4th Respondent and the Accountant-General of the Federation on 2nd July 2012. Thereafter, on 1st August 2012, the trial court, per Inyang J., made the Garnishee Order Absolute against the 4th Respondent and ordered the 4th Respondent to pay the sum of N460million being the judgement debt with accrued interest, into the account of the Appellant with Access Bank. Aggrieved, the 1st Respondent filed an appeal against the Garnishee Order Absolute at the Court of Appeal together with an application for Stay of Execution.
On 4th September 2012, the Vacation Judge – Yusuf J. of the High Court of the FCT, on the application of the 4th Respondent, made an Order varying the Order of Inyang J. and directing the 4th Respondent to pay the judgement sum into the account of the 2nd Respondent instead of the account of the Appellant as ordered by Inyang, J. The 2nd Respondent was also directed to keep custody of the judgement sum pending the determination of the application for Stay of Execution before the Court of Appeal.
