Facts:

Facts:

Garnishee proceedings were instituted against the appellants by the respondent at the High Court of Lagos State in 2005. The Court granted the order nisi directing the appellants to appear before it and show cause why the order nisi should not be made absolute. The appellants failed to enter appearance and show cause. The court therefore, granted the order absolute in 2008.
The appellants were aggrieved and filed a Notice of Appeal at the Court of Appeal, Lagos Division. They contended that the proof of service indicating that the appellants were served the order nisi was inconclusive and that the court was wrong to have relied on it to grant the order absolute. Furthermore, the appellants contended that the learned trial judge was in error to have granted the order absolute in default of appearance.

The respondent filed a notice of preliminary objection and contended that one of the issues raised by the appellants was not an issue of law arising from the decision of the trial court and as such leave of court ought to have been sought and obtained before filing it. The respondent further contended that failure to seek and obtain leave renders the issue incompetent and liable to be struck out.