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Legal Subjects > Litigation > Civil Matters > Garnishee Proceedings
 
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WHAT IS GARNISHEE PROCEEDINGS ?

In monetary claims, judgment debtor is the person against whom the judgment or order is made or given. It is generally called the losing party.

The other party is called the judgment creditor where the judgment is obtained for the payment by some other person of money.

Where a judgment creditor is aware that monies is due and owing to the judgment debtor by a third party e.g. contractor, the judgment creditor may obtain an order of the Court to order the third party to pay the judgment creditor the amount of any debt due or accruing due to the judgment debtor from the third party, or such thereof as is sufficient to satisfy that judgment or other and the costs of the garnishee proceedings.

This proceedings is called garnishee proceedings and it includes any monies standing in any bank account of the judgment debtor.

The third party in this proceedings is called the garnishee, a person indebted to the judgment debtor.

IF THE MONIES OWING BY A THIRD PARTY IS BEING PAID TO A JUDGMENT CREDITOR IN COMPLIANCE WITH GARNISHEE ORDER, DOES THE JUDGMENT DEBTOR HAS THE RIGHT TO DEMAND THE PAYMENT FROM THE THIRD PARTY AGAIN ?

No.

Under the Subordinate Courts Rules 1980, Order 33, rule 8 of the Garnishee Proceedings, payment by the garnishee in compliance with the garnishee order absolute constitutes a valid discharge of the garnishee's liability to the judgment debtor to the extent of the amount paid to the judgment creditor.



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