The Right of Hearing of A Judgment Debtor In Garnishee Order Nisi Proceedings

Introduction

Garnishee proceedings are used in the enforcement of monetary judgments in Nigeria. A Judgment Creditor approaches the court by way of an ex parte application for an order nisi to attach monies belonging to the Judgment Debtor in the custody of Garnishees. The application must be supported by an affidavit stating the right of the Judgement Creditor to the monies; and that the Judgment Debtor has monies in the custody of third parties (the Garnishees), which can be used in satisfaction of the judgment debt.

Once served with the garnishee order nisi, the Garnishees and the Judgment Debtor, are required to show cause why the order nisi should not be made absolute, and the monies used to satisfy the judgment debt. The process sui generis is primarily governed by S. 83 of the Sheriffs and Civil Process Act and the Judgment (Enforcement) Rules.