Can A Garnishee Order Absolute Be Stayed?

Introduction

Generally, litigation commences with an originating process and ends with a judgment. With judgment therefore comes execution, bringing the case to a close. Since it is in the interest of justice that a successful litigant should enjoy the reward of a well-fought legal battle, a judgment debtor who would like the court to stay the execution of a judgment must show special and exceptional circumstances why the execution of such judgment should be stayed.¹

The execution of judgments can be accomplished through various modes, one of which is through garnishee proceedings, a popular mechanism for the enforcement of monetary judgments. The garnishee process is initiated by the judgment creditor obtaining an order nisi from the court via an ex-parte application.² Subsequently, the court issues a summons requiring the garnishee to demonstrate why the order nisi should not be confirmed.³ If the garnishee successfully shows cause, the order nisi