THE PROCEDURE FOR GARNISHEE PROCEEDINGS IN NIGERIA

THE PROCEDURE FOR GARNISHEE PROCEEDINGS IN NIGERIA

A garnishee proceeding, also referred to as a "garnishment," is a legal procedure for carrying out or enforcing a monetary judgement in which money belonging to a judgement debtor that are in the control or custody of a third party—usually a bank—known as the "Garnishee"—are attached or seized by the "Garnisher" or "Garnishor" in payment of a judgement sum or debt.

The Sheriffs and Civil Process Act's Sections 83 to 92 specify garnishee proceedings as one method of enforcing judgments.See Azubuike v. Diamond Bank (2014) 3 NWLR (Pt.1394) 116 @ 127 Paragraphs C-E, Ratio 2.

PARTIES INVOLVED IN GARNISHEE PROCEEDING IN NIGERIA

THE GARNISHOR OR JUDGMENT CREDITOR

The term "garnishor" refers to a creditor who starts a garnishment process in order to seize assets or credits belonging to a debtor that are held or owned by a third party, usually a bank.

THE JUDGMENT DEBTOR

A person or entity that has been ordered to pay money by a court judgement but has not done so is known as a judgement debtor.

THE GARNISHEE

a person or organisation that has its money (account balance, payment, wages, etc.) garnisheed. A garnishee is a third party (bank, employer, etc.) that is required by a court order (garnishee order) to seize, in part or in full, the money (account balance, payment, wages, etc.) belonging to the debtor or defendant and transfer it to the creditor or plaintiff until a debt or claim is satisfied.

ORDERS MADE IN GARNISHEE PROCEEDING IN NIGERIA

GARNISHEE ORDER NISI

In a garnishee order nisi, the Garnishee is instructed to appear in court on a particular day to demonstrate why he should not be subject to an order requiring him to pay the judgement debtor's outstanding obligation on his behalf. The Rules of Courts, case legislation, as well as the Sheriff and Civil Process Act are the current laws governing garnishee procedures (SCPA).

GARNISHEE ORDER ABSOLUTE

The term given to a court order that is final and binding after the prerequisite for an interim or intervening order (decree nisi) has been satisfied. In a garnishee process, if the garnishee misses court or does not contest the obligation owed or alleged to be owed by him to the judgement debtor, the order absolute is made in the second stage on the return date already set at the first stage.

Subject to certain restrictions, the Court may issue an absolute order requiring the garnishee to pay the judgement creditor the full amount of the debt that is owed to him from the judgement debtor, or a portion of it sufficient to pay the judgement debt and the garnishee's fees.

As a result of the explanations above, it is asserted that a judgement debtor is a necessary party to a garnishee absolute proceeding and may use their right to appeal the proceedings under Section 83 (2) of the SCPA.

NB: This article is not a legal advice, and under no circumstance should you take it as such. All information provided are for general purpose only. For information, please contact chamanlawfirm@gmail.com

WRITTEN BY CHAMAN LAW FIRM TEAM

EMAIL: chamanlawfirm@gmail.com

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