Interrogatories In Garnishee Proceedings Under Nigerian Law

Abstract

Garnishee proceedings occupy a unique position within Nigeria's judgment enforcement framework. Unlike ordinary civil actions founded on pleadings, they constitute a special statutory procedure regulated principally by the Sheriffs and Civil Process Act¹ (“SCPA”), designed to provide a swift and efficient means of enforcing monetary judgments. The summary character of garnishee proceedings has increasingly generated procedural questions regarding the extent to which general rules of civil procedure may be imported into the process, particularly where the governing statute is silent.

One such question concerns the propriety of deploying interrogatories as a means of compelling an alleged garnishee to disclose information relating to funds said to belong to a judgment debtor. While interrogatories have long been recognised within Nigerian civil procedure as a discovery mechanism intended to narrow issues for trial, prevent surprise and facilitate the fair determination of