Understanding Garnishee Proceedings In Nigeria

Introduction

Garnishee proceeding otherwise known as 'garnishment' is a judicial process of execution or enforcement of monetary judgment whereby money belonging to a judgment debtor, in the hands or possession of a third party known as the 'Garnishee' (usually a bank), is attached or seized by a judgment creditor, the 'Garnisher' or 'Garnishor', in satisfaction of a judgment sum or debt. By its nature, Garnishee proceeding is "sui generis", and different from other Court proceedings, although it flows from the judgment that pronounced the debt.¹ The extant laws regulating Garnishee proceedings are the Rules of Courts, case laws, the Sheriff and Civil Process Act, Cap S6 Laws of the Federation of Nigeria, 2004 ("SCPA") and the Judgment (Enforcement) Rules ("JER") made pursuant to Section 94 of the SCPA.