Garnishee Proceedings (100)
HELD:
"Furthermore, with regards to whether the applicant must state the judgment debtors account with the garnishee as a precondition, this Court in the case of Oceanic Bank Plc vs Michael Olusegun Oladepo & Anor, (2012) LPELR 19670 (CA) per Mbaba JCA, held that:-
HELD:
"Let me now resort to the provisions of Order 37 R 2 of the Federal High Court (Civil Procedure) Rules 2009. It reads as follows:-
HELD:
"With the greatest respect, it is clear that there is an abysmal lack of understanding of the garnishee proceedings by learned Appellant's counsel.
HELD:
"Section 3(1)-(3) of the Constitution of the Federal Republic of Nigeria, 1999 as altered provides as follows:
HELD:
"It is beyond doubt that one of the methods by which liquidated money judgments can be enforced is by way of garnishee proceedings.
HELD:
"To "garnish" is "1. To warn (2) To extract money from prisoners."
HELD:
"A garnishee order is often made in remedy of a right to money established against the judgment debtor.
HELD:
"The Apex Court in the case of Union Bank of Nigeria Plc v. Boney Marcus Ind. Ltd. & Ors (2005) 13 NWLR Pt. 943 p. 654 Unequivocally held that a Ganishee order absolute seals the proceedings before the trial Court and thereby renders the Court funtus officio on the said matter.
HELD:
"Therefore, in all ramifications, it is only the Garnishee, in the instant case the 2nd Respondent, that is expected to react, if the law was not properly followed or observed at the garnishee proceedings.
HELD:
"However, pursuant to the relevant provisions of the Sheriffs and Civil Process Act, garnishee proceeding is "sue generis" and a special one of its type.