CIVIL PROCEDURE — Enforcement of Judgments — Garnishee Proceedings — Nature and Effect of an Order Absolute
Ratio Decidendi
Per Akintan, JSC, in Union Bank of Nigeria Plc v. Boney Marcus Ind. Ltd. & Ors (2005) NLC-22-2001(SC) at p. 9; Paras A–B:
"…once the order absolute is made, there would be nothing left before the court in the matter. The court has, at that stage, completely determined the matter between the parties as far as the proceedings are concerned. The court would be functus officio. There would then be nothing left to be determined by the court. The question of the proceedings, at that stage, being interlocutory would therefore not arise."
Explanation / Scope
A garnishee order absolute terminates the proceedings, making the court functus officio. It is not an interlocutory order. The principle applies to civil procedure and enforcement of judgments.