Fidelity Bank PLC vs. Okwuowulu & Anor (2012) LPELR-8497 (CA)

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. A garnishee proceeding is a judicial
proceeding in which a creditor ask the court to order a third party who is indebted to a debtor to
turnover to the creditor any of the debtors property in possession of that third party. Whenever
the judgment creditor knows of a person who is owing the judgment debtor an amount that can
satisfy the judgment debt as well as costs, the judgment creditor shall apply by the way of motion
ex parte to the court for an order nisi for the person owing the judgment debtor called the
garnishee to come and show cause why he should not be made pau the debtor the judgment
creditor.2
The rules talk of the court directing the garnishee to pay the judgement debtor from the
garnishee. An application for a garnishee order nisi shall be made ex parte supported by an
affidavit;
 Stating the name and last known address of judgment debtor.

 Stating, where the garnishee is a bank having more than one place of business, the name
and address of the branch at which the judgment debtors account is believed to be held
and the number of that account or if it be the case, that all or part of this information is
not known to the deponent.3
It has to be the court that has jurisdiction if the judgement debtor were to sue the garnishee in
respect of the sum in question.4
1
Fidelity Bank Plc Vs. Okwuowulu & Anor (2012) LPELR-8497 (CA).
2
S.83 Sheriffs and Civil Process Act; O.46 r. 1(2) and 2 (Abuja)
3
O. 46 r. 2 (Abuja); S.83 sheriffs and Civil Process Act
4
O. VIII r. judgment (Enforcement) Rules
In NIMASA v. ODEY,5 the court of held that the judgment debtor is not supposed to be a party
to garnishee proceedings and therefore has not been handed the right to be heard in court or any
other proceedings thereof/ whatsoever. Best, he is a party interested under S. 243 of the 1999
constitution. The service of thr order nisi attaches the debt fast or effectively,6and if the garnishee
does anything with debt contrary to court order, he will be liable in contempt proceedings.7
In the case of Julius Berger Nigeria Plc vs. Delta State Government,8 the Applicant filed a
motion on notice for stay of the execution of a judgment of the Revenue Court, Warri. The
motion for stay of execution was served on the Respondent wherein the court adjourned the
motion for hearing, in the presence of the two parties. Whereas, the Respondent, before the
hearing of the motion for stay, filed a garnishee proceeding against the Applicant and the same
judge who adjourned the motion for stay of execution for hearing, now granted the garnishee
order nisi to garnish the Applicant's bank accounts. The Applicant subsequently filed an
application to set aside the garnishee proceedings but the application was refused by the trial
judge, who relied on the case of Purification Techniques Ltd vs. AG of Lagos State & others
(supra). Moreover the matter was eventually resolved by the parties amicably, however the
embarrassment of granting the garnishee order nisi against the party who had the pending
application for stay of execution cannot be emphasized.
From the above, it follows that an enforcement debtor is a necessary party in the seizure
proceedings pursuant to section 83 (2) SCPA, and may also exercise the right of appeal in the
proceedings. Garnishment proceedings cannot be filed and maintained while an appeal is
pending and a motion to stay of enforcement is pending in light of the recent First Inland Bank
Plc v. Effiong Court of Appeal.
Bibliography
Fidelity Bank Plc Vs. Okwuowulu & Anor (2012) LPELR-8497 (CA).
5
[2012] 52 WRN 108 at 124-125, per Ndukwe-Anyanwu, JCA
6
S.85 Sheriffs and Civil Process Act
7
UBA v. EKANEM [2010] 2 NWLR (Pt.1177) 181 at 196, per Akaahs, JCA
8
Suit No W/1A/2013
UBA v. EKANEM [2010] 2 NWLR (Pt.1177) 181 at 196, per Akaahs, JCA

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INTRODUCTION

Garnishee proceeding otherwise known as 'garnishment' is a judicial process of execution or

 Stating the name and last known address of judgment debtor.

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