A Garnishee Lacks The Power To Fight The Cause Of A Judgement Debtor

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Sunday, March 31, 2019  /  11.45AM / By Stephen Azubuike  / Header Image Credit:  Tax Debt Resolved

 

In Guaranty Trust Bank Plc v. Innoson Nig. Ltd. [2017] 16 NWLR (Pt. 1591) 181 at 203, paras. D-F, per Eko, JSC:

 

“It is not for a garnishee to fight the cause of a judgment debtor who either accepts the judgment against him and does nothing about it, or who may be indolent to fight his cause. No power in law inheres in the garnishee to make himself a busybody and proceed like Don Quixote, the Knight Errant, to fight the cause of the judgment debtor who is his customer. A judgment debtor whose money or property is seized or attached through garnishee proceedings in excess of the judgment sum has several options in law to deploy to forestall such unwarranted seizure or attachment. It is not for the garnishee to embark on any of such options, which he lacks the locus standi to embark on. The cause of action accruable to the garnishee in a garnishee proceeding is quite a limited one. It does not include his usurping the cause of action of the Judgment Debtor.”

 

Notes

 

The Supreme Court by the above statement further reiterated what is otherwise trite principle of law regarding garnishee proceedings.
 
It remains a mystery why the Appellant decided to fight what the apex Court rightly described as a mischievous proxy war against a Judgment that does not concern it.
 
Of course, the Appellant and the Respondent have been at each other’s throats in recent times. That is however not our concern here.
 
It is enough to mention that banks, as garnishees, must take serious note of the Supreme Court’s pronouncement and avoid taking mischievous steps capable of frustrating a successful litigant from reaping the fruits of his judgment.
 


Reference Link - Schorlarly Work On Garnishee Proceedings In Nigeria


·         Nigeria: Understanding Garnishee Proceedings In Nigeria   Article by Olayemi Anyanechi and Oriyomi Akinlagun ; Last Updated: 12 September 2016  

 

 

About the Author 

Stephen is a Legal Practitioner, Consultant and Social Entrepreneur. He is a key member of the Dispute Resolution and Commercial Law Practice Group at Abiodun Layonu & Co. Stephen has successfully argued cases from the High Courts of various jurisdictions to the Appellate Courts. Desirous of implementing new legal solutions, he founded Stephen Legal, a firm in the business of providing innovative legal insights and easy solution in this information age. He obtained his Bachelor of Laws Degree (as an Elf/Total Scholar) from the University of Benin, graduating as one of the best students in his class. He further obtained a Master of Laws Degree from University of Lagos shortly after being called to the Nigerian Bar as a Solicitor and Advocate of the Supreme Court of Nigeria. In addition to his academic degrees, Stephen has certificate trainings in Mediation, Mediation Advocacy and Insolvency Practice amongst others. He is also a published scholar; and is a member of the Continuing Legal Education and Mentorship Committee of the Nigerian Bar Association, Lagos Branch. He can be reached vide @siazubuike and @stephen_legal

 

Credits

The post titled Guaranty Trust Bank Plc v. Innoson Nig. Ltd. [2017] 16 NWLR (Pt. 1591) 181 at 203, paras. D-F, per Eko, JSC was first published on Stephenlegal on Nov 26, 2017 by Stephen Azubike, legal practitioner, consultant and social entrepreneur.

 

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