Garnishee Proceedings (100)
HELD:
"In summary, the appellant's complaint in this issue borders on the Order Nisi which was served on it by the 1st and 2nd Respondents.
HELD:
"Section 84(1) of the Sheriffs and Civil Process Act, 2004 stipulates that:
HELD:
"garnishee proceedings are generally governed and regulated not by the provisions conferring substantive jurisdiction on a Court but by the relevant provisions of the Sheriffs and Civil Process Act, 2004 and 287 of the 1999 Constitution of the Federal Republic of Nigeria (supra).
HELD:
"I wish to observe that, in law, it is not conceived that garnishee proceedings would become another litigation battle touching on proof, ascertainment of liability, and issues of jurisdiction over subject matter would be raised.
HELD:
"There is no doubt the requirement that the consent of the Attorney General must first be sought and obtained before commencement of Garnishee proceedings against government has been a contentious aspect of the law and practice of Garnishee proceedings.
HELD:
"In CENTRAL BANK OF NIGERIA v. MAIYINI CENTURY COMPANY LTD. & ANOR. (2017) LPELR - 43024, this Court per Omoleye JCA elaborated on the issue of whether or not the prior consent of the Attorney General is required before instituting garnishee proceedings to attach money in the custody of a public officer.
HELD:
"...It is my view that the complaint of the appellant is real and valid, going by the peculiar circumstances of this appeal.
HELD:
"This Court had occasion in Vitachem Nigeria Ltd vs. DSM Sinochem Pharmaceuticals Indi Private Ltd (2017) LPELR-43200 (CA) per Garba, JCA, as he then was to state that:
HELD:
"...It is stating the obvious that a Garnishee Order Absolute means an executed judgment and being a completed act, one wonders how an order of stay can either be ordered or carried out.