Order 51 — Garnishee Proceedings

(1) Where a party in a matter before the Court (in this order referred to as “the judgment creditor”) has obtained a judgment or order for the payment by another party in the matter (in this Order referred to as “the judgment debtor”) of the sum of money not being a judgment or order for the payment of money into Court and any other person within the jurisdiction is indebted to the judgment debtor (in this Order referred to as the “Garnishee”), subject to the provisions of this order and of any enactment, the Court may order the garnishee to pay the judgment creditor the amount of the debt due or accruing to the judgment debtor from the garnishee, or as much thereof as is sufficient to satisfy that judgment or order and the costs of the garnishee proceedings.

(2) Any Order made by a Judge of the Court under this Rule for a Garnishee to show cause, shall in the first instance show cause, specifying the time and place for the consideration of the matter and shall attach the amount of debt due to the judgment creditor.

(3) An order made under this rule shall not permit the payment of such sum of money which would reduce to below the minimum allowable balance in the bank account of the judgment debtor.

(4) For the purpose of sub-rule (3) of this rule, the onus shall be on the Judgement debtor to produce evidence and depose to an affidavit as to the amount in the account to be garnisheed and the allowable minimum balance for that account.

Any application for an Order under rule 1 of this Order shall be made ex parte and supported by an affidavit that:
(a) states the name and the last known address of the judgment debtor;
(b) identifies the judgment or order to be enforced;
(c) states the amount of the judgment or order;
(d) states the amount remaining unpaid under it as at the time of the application;
(e) states that to the best of the information or belief of the deponent the garnishee(s) (naming him) is within the jurisdiction and is/are indebted to the judgment debtor;
(f) states the sources of the deponent’s information or the grounds for his belief;
(g) states, where the garnishee is a deposit-taking institution and has more than one place of business, the name and address of the branch at which the judgment debtor’s account is believed to be held; and
(h) the number of that account.

(1) Unless the Court otherwise directs, an order under rule 1 of this Order to show cause shall be served:
(a) on the garnishee at least, fourteen (14) days before the day appointed thereby for the further consideration of the matter; and
(b) on the judgment debtor, at least seven (7) days after the Order has been served on the garnishee and at least seven (7) days before the day appointed for the further consideration of the matter.

(2) An Order made by the Court under rule 1 of this Order shall be binding on the garnishee as from the date of service of the Order on the garnishee and any debt specified in the Order or so much thereof as may be so specified.

(1) Where on further consideration of the matter, the garnishee does not attend or contest or does not dispute the debt due or claimed to be due from the garnishee to the Judgment 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 further consideration of the matter, the garnishee disputes liability to pay the debt due or claimed to be due from the garnishee to the judgment 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 a trial before a matter, the need for any consent by the parties.

(1) If in a garnishee proceeding it is brought to the notice of the Court that some other person other than the judgment debtor is or claims to be entitled to the debt sought to be attached or has or claims to have a charge upon such debt, the Court may order that person to appear before the Court and state the nature of the person’s claim with particulars thereof.

(2) Where in a garnishee proceeding, it is brought to the notice of the Court that more than one garnishee is indebted to the judgment debtor and such money is enough to offset the judgment debt, the Court may decide to distribute the judgment debt amongst the garnishees in such proportion of the total amount of the judgment debt as is owed by each garnishee.

(3) Where in a garnishee proceeding, the garnishee’s debt is insufficient to offset the judgment debt, the judgment debtor may bring to the notice of the Court any other garnishee whose debt to the judgement debtor is enough to offset the judgment debt.
Provided that where the judgment debtor has no other garnishee, the Court may order the only garnishee to offset the remaining balance on agreed terms.

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

Where the Court has granted an order of garnishee absolute, the judgment debt shall be paid by the garnishee to the judgment creditor in the following manner:
(a) directly to the bank account of the judgment creditor as indicated by the judgment creditor; or
(b) to the Court in an account to be opened in the name of the Chief Registrar, National Industrial Court of Nigeria, which shall be an interest yielding account in the case of a pending appeal; or
(c) into an account of the counsel of the judgment creditor; provided:
(i) the judgment creditor executes a deed of power of attorney in favour of counsel for the purpose of the payment of the judgment debt.
(ii) the power of attorney is executed before;
(a) the Chief Registrar of the Court;
(b) any other officer of the Court as may be authorized by the President of the Court;
(c) the executed power of attorney shall be affixed with the seal of the Court by the Chief Registrar or other officer authorized by the President of the Court.