Garnishee Proceedings (100)
HELD:
"The law, as settled by a long list of authorities, is that a Garnishee proceedings is one by which a judgment creditor originates a third party proceedings against a person indebted to the judgment debtor to pay over directly to the judgment creditor such money as are due to the judgment debtor.
HELD:
"In considering the question whether or not the Appellant made out or showed cause why the Garnishee Order Nisi ought not to have been made absolute by the Trial Court, I deem it apposite to consider the relevant provisions of the law governing Garnishee proceedings and the onus placed on a Garnishee ordered to show cause by a Court.
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:
''The rule has also been settled, that the amount at the judgment debtor's credit in his Bank account is property of the judgment consisting of a debt; the Bank being the person indebted.
HELD:
''It is a trite principle, that it's not every debt that is attachable by the due process of garnishee proceedings.
HELD:
''It is a trite fundamental principle, that where the court is satisfied that the judgment creditor/garnishor is entitled to attach the debt, it proceeds to make an order nisi.
HELD:
''Hence, for a garnishee proceeding to be valid, it's incumbent upon the court to ensure that the following conditions have been duly satisfied.
HELD:
''Indeed, it's equally a trite principle, that the garnishee order nisi must clearly show that the judgment debtor is the garnishee's creditor, otherwise it will not bind the garnishee.