Order 8 Judgments (Enforcement) Rules

Order 8 of the Judgments (Enforcement) Rules is about Garnishee proceedings. It contains the following rules:

1. Amount of debt
   Subject to the next succeeding rule, garnishee proceedings may be taken in a magistrate’s court notwithstanding that the debt owing or accruing from the judgment debtor is for an amount exceeding the jurisdiction of that court.
2. Venue
   Garnishee proceedings may be taken-
   (a) in any court in which the judgment debtor could, under the High Court (Civil Procedure) Rules or under the appropriate section or rule governing civil procedure in magistrates’ courts, as the case may be, sue the garnishee in respect of the debt; or
   [5 of 1945.]
   (b) where the debt is not yet payable, or is for an amount exceeding the jurisdiction of such court, in any court in which the judgment debtor could have sued the garnishee as aforesaid if the debt had been immediately payable or had not exceeded the jurisdiction.

3. Commencement
   (l) A judgment creditor who desires to take garnishee proceedings shall file in the court registry-
   [Form 25. Cap. S7. Schedule.]
   (a) an affidavit in Form 25; and
   (b) if the garnishee proceedings are taken in a court other than the court in which the judgment was given or made, a certified copy of the judgment.
   (2) The registrar shall thereupon enter the proceedings in the books of the court and fix a day for the hearing and issue an order nisi in Form 26 and make all necessary copies thereof.
4. Service
   (1) The order nisi shall be served in accordance with the rules for the service of an ordinary summons issued from the court from which the order is issued.
   (2) Subject to subsection (2) of section 83 of the Act, the interval between service and the hearing shall be fixed by the registrar, having regard to the distance from the court of the place where any person to be served resides.
   (3) Where an order nisi is sent for service to a foreign court, the registrar of the foreign court shall, according as the order is or is not served, send the copy of the order nisi, or a notification that it has not been served, to the registrar of the home court so that it is received not less than two clear days before the return day.

5. Payment into court by garnishee
   (1) The garnishee may within eight days of the service of the summons on him, inclusive of the day of service, pay into court-
   (a) the amount alleged to be due from him to the judgment debtor; or
   (b) if that amount is more than sufficient to satisfy the amount due under the
   judgment and the costs entered on the garnishee order, a sum sufficient to satisfy the last-mentioned amount and costs.
   (2) Upon payment into court as aforesaid, the proceedings against the garnishee shall be stayed.
6. Payment out of money paid in by garnishee
   Where money is paid into court by the garnishee the registrar may by consent of the judgment debtor order the money to be paid out before the return day, or in the absence of the consent of the judgment debtor the court may on the return day after hearing the judgment creditor and the judgment debtor, if he appears, make such order in the proceedings (including an order as to costs) as may be just.

7. Writ of execution
   (1) Execution against the garnishee under section 86 of the Act shall be by a writ of execution in Form 27.
   [Form 27. Cap. S7. Schedule.]
   (2) Application for the issue of the writ shall be made by filing a praecipe in Form 3.
   [Form 3. Cap. S7. Schedule.]
8. Where garnishee dis putes liability
   (1) If no amount is paid into court, the court, instead of making an order that execution shall issue, may, after hearing the judgment creditor, the garnishee, and the judgment debtor or such of them as appear, determine the question of the liability of the garnishee, and may make such order as to the payment to the judgment creditor of any sum found to be due from the garnishee to the judgment debtor and as to costs as may be just, or may
   make an order under section 87 of the Act.
   (2) If an order is made under section 87 of the Act for the trial or determination of any issue or question, it shall direct which of the persons interested, including such third person as is referred to in section 88 of the Act, shall be plaintiff and which shall be defendant.
9. Proceedings in another court
   Where garnishee proceedings are taken in a court other than the court in which the judgment was given, the registrar of the first-mentioned court shall send to the registrar of the last-mentioned court a copy of the judgement given in the garnishee proceedings and also from time to time notice of any amount levied or paid into court in the proceedings.

10. Costs
    Any costs allowed to the judgment creditor which are not ordered to be paid by the garnishee personally, shall, unless it is otherwise ordered, be retained by the judgment creditor out of the money recovered by him in the garnishee proceedings, in priority to the amount due under the judgment.
11. Court may refuse order
    A judge or magistrate may, in his discretion, refuse to make or issue a garnishee order, where from the smallness of the amount to be recovered, or of the debt sought to be attached, or otherwise, the remedy sought would be worthless or vexatious.
12. Debts of a firm
    Part IV of the Act and this Order shall apply to debts owing or accruing from a firm carrying on business within Nigeria, although one or more members of the firm may be resident abroad.

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