Can a judgment debtor be heard in a garnishee proceedings?

Can a judgment debtor be heard in a garnishee proceedings?

Therefore, the appellant being a judgment debtor cannot even validly file the motion is filed to set aside the order nisi of the National Industrial Court. It can only appeal as an interested party to the proceeding under Section 243(1)(a) of the 1999 Constitution upon leave of the Court.

What is a garnishee proceeding?

Garnishee proceeding is can also be defined as 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, in satisfaction of a …

In which circumstances garnishee order is applicable?

Garnishee Order is applicable only if both debts are in same right and same capacity. Garnishee Order issued in a single name does not apply to accounts in the joint names of judgement debtor with another person(s).

How do I stop a garnishee order?

Unfortunately a garnishee order can only be stopped by bringing an application to court to have the order stopped, or, if the judgment creditor informs the employer or garnishee that he no longer needs to deduct money from your salary.

Who will issue garnishee order?

Garnishee Order is an order passed by an executing court directing or ordering a garnishee not to pay money to judgment debtor since the latter is indebted to the garnisher (decree holder). It is an Order of the court to attach money or Goods belonging to the judgment debtor in the hands of a third person.

Who initiates garnishee order?

1. The Garnishor or Judgment Creditor. A garnishor is a Creditor who initiates garnishment for the purpose of reaching property or credits of a debtor held or owned by a third person who is the garnishee usually banks.

Who issues the garnishee order?

A garnishee order is an order passed by an executing court directing or ordering a garnishee not to pay money to judgment debtor since the latter is indebted to the Garnisher (decree-holder). It is an order of court to attach money or goods belonging to the judgment debtor in the hands of a third person.

Where is a garnishee order not applicable?

The Garnishee order is not applicable to bank if the bank does not owe money to the customer; viz, if the account is in joint names of the judgment debtor(customer) and other persons whereas the order is in single name of the customer; or when the bank is entitled to set-off the balance available in the customer’s …

How does a garnishee get an order nisi from the court?

At the first stage, the judgment creditor makes an application ex parte to the Court (which need not be the court that gave the judgment) that the judgment debt in the hands of the third party, the Garnishee, be paid directly to the judgment creditor unless there is explanation from the Garnishee why the order nisi should not be made absolute.

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

Is Guaranty Trust Bank a garnishee?

In the instant case, Guaranty Trust Bank is the garnishee or a person holding the assets of the judgment debtor, the appellants herein, while the respondent is the judgment creditor.

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