Order 37 — Garnishee Proceedings

(1) Where a person, in this order referred to as “the judgment creditor”, has obtained a judgement or order for the payment by another person, in this order referred to as the “judgement debtor”, of a sum of at least ₦100,000.00 not being a judgement or order for the payment of money into Court, and any other person within the jurisdiction, in this order referred to as the “garnishee”, is indebted to the judgement debtor, the Court may, subject to the provisions of this order and of any law, order the garnishee to pay the judgement creditor the amount of any debt due or accruing due to the judgment debtor from the garnishee, or as much as is sufficient to satisfy that judgment or order and the cost of the garnishee proceedings.

(2) An order under rule 1 of this order shall bind in the hands of the garnishee as from the service of the order on him of any debt specified in the order or so much as may be so specified until the Court otherwise directs.

(3) An order under this rule shall not require a payment which would reduce below ₦15,000 the amount standing in the name of the Judgement debtor in an account with a building society or a credit union.

An application for an order under rule 1 of this order shall be made ex parte supported by an affidavit and a written address:

(a) stating the name and last known address of the Judgement debtor;

(b) identifying the Judgement or order to be enforced and stating the amount of the Judgement or order and the amount remaining unpaid under it as at the time of the application;

(c) stating, that to the best of the information or belief of the deponent the garnishee naming him is within the jurisdiction and is indebted to the Judgement debtor and stating the source of the deponent’s information or the ground for his belief; and

(d) stating, where the garnishee is a deposit-taking institution having more than one place of business, the name and address of the branch at which the judgement debtor’s account is believed to be held.

(1) Unless the Court otherwise directs, an order under rule 1 of this order to show cause shall be served:

(a) on the garnishee personally, at least, 15 days before the day appointed for the further consideration of the matter; and

(b) on the Judgement debtor, at least 7 days after the order has been served on the garnishee and at least 7 days before the day appointed for the further consideration of the matter.

(2) An order under rule 1 of this order shall bind in the hands of the garnishee as from the service of the order on him of any debt specified in the order or so much as may be so specified until the court otherwise directs.

(1) Where on the further consideration of the matter, the garnishee does not attend or does not dispute the debt due or claimed to be due from him to the Judgement debtor, the Court may make an order absolute under rule 1 of this order against the garnishee.

(2) An order absolute under rule 1 of this order against the garnishee may be enforced in the same manner as any other order for the payment of money.

Where on the further consideration of the matter, the garnishee disputes liability to pay the debt due or claimed to be due from him to the Judgement debtor, the Court may summarily determine the question at issue or order that any question necessary for determining the liability of the garnishee be tried, without, if it orders trial before a matter, the need for any consent by the party.

Where in a garnishee proceeding it is brought to the notice of the Court that another person other than the Judgement debtor is or claims to be entitled to the debt sought to be attached or has or claims to have a charge upon, the Court may order that person to attend before the Court and state the nature of his claim with particulars.

Any payment made by a garnishee in compliance with an order absolute under this order, and any execution levied against him in pursuance of such an order, shall be a valid discharge of liability to the Judgement debtor to the extent of the amount paid or levied notwithstanding that the garnishee proceedings is subsequently set aside or Judgement or order from which it arose is reversed.