Principles of Garnishee Proceedings in Nigeria

The special procedure known as ‘’garnishee proceeding’’ is a child of necessity. It is more of an interventionist procedure invented by law to compel the unwilling judgment debtor to pay up and fulfill his financial obligation to the judgment creditor. Indeed, if all debtors were to honor their financial obligations and pay their debts as and when due, this special procedure would not have existed in the first place or would have become moribund and less attractive by now. The reality however is that the reverse is the case today.

Today, the frontiers of garnishee proceedings are increasingly expanding, more than ever before. More excuses are being invented for non-payment of judgment debts and at the same time, more measures are being created by the courts to ensure that judgment creditors reap the fruits of their litigation. As the practice of law grows in sophistication, so also are the principles of garnishee proceedings.