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Garnishee Proceedings

Garnishee Proceedings (100)

HELD:

"It has to be stated that it is not the role of the garnishee to fight a proxy war against the judgment creditor on behalf of a judgment debtor and my learned brother, Ejembi Eko captured it well in the case of GTB Plc VS Innoson Nigeria Limited (2017) 5 SC (Part 1) 68 at 93 where he said:

HELD:

"I do not think any power or jurisdiction enures to the Court before which application for garnishee absolute is pending to constitute itself into an appellate Court to review the money judgment being enforced.

HELD:

"Garnishee proceedings, according to Akintan, JSC in UNION BANK OF NIGERIA PLC v. BONEY MARCUS INDUSTRIES LTD (2005) 13 NWLR (pt. 943) 654 at 666, are a process of enforcing a money judgment by the seizure or attachment of the debts due or accruing to the judgment debtor which form part of his property available in execution.

HELD:

"In answer to the question herein raised, a recourse to the deposition of 3rd and 4th respondents at paragraph 13 of the affidavit as shown at page 76 of the Record would be helpful and therein they admitted against interest as follows:

HELD:

"The appellant in brief contends that the Garnishee Order Form 26 which was served on the appellant was not endorsed with the mandatory notice in Section 97 of the Sheriffs and Civil Process Act (SCPA for short).

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