A Garnishee Has No Vested Power in Law to Fight the Cause of His Judgement Debtor

 

EJEMBI JSC
Hon. Justice Ejembi Eko, Justice of Supreme Court

 

GUARANTY TRUST BANK PLC v. INNOSON NIGERIA LIMITED (2017) LPELR-42368(SC)

“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.

I did this detour for a purpose. That is, to show that garnishee proceedings is not a process employed by the garnishee to fight a proxy war against the judgment creditor on behalf of the judgment debtor. Accordingly, it does not avail the garnishee to contest the merits of the judgment culminating in the judgment debt.”

 

EJEMBI EKO, J.S.C.

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