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DISTRICT COURT (CIVIL PROCEDURE) RULES, 2004

 

      Rule        

 

 

ORDER 24

 GARNISHEE PROCEEDINGS

 

Order for examination

1. (1) Where a person obtains a judgment or order for the payment of money by another person, referred to in this Order as the judgment debtor, the Court, on an application made ex parte by the person entitled to enforce the judgment or order, may order the judgment debtor or, where the judgment debtor is a body corporate, an officer of that body corporate to attend the Court and be orally examined on

(a) whether any debts are owing to the judgment debtor, and (b) whether the judgment debtor has any property or other means of satisfying the judgment or order.

(2) The Court may also order the judgment debtor or where the judgment debtor is a body corporate the officer of the judgement debtor to produce, at the time and place appointed for the examination, any books or documents in the possession of the judgment debtor relevant to these questions.

Examination of party liable to satisfy the judgment

2. Where there is difficulty with the enforcement of any judgment or order, other than a judgment or order under rule 1, the Court may make an order under rule 1 to require the party liable to satisfy the judgment or order to attend the Court and be examined on questions specified in the order and rule I shall apply according! y with the necessary modifications .

Attachment of debt owed to judgment debtor

3. (1) Where a person, in this Order referred to as the judgment creditor obtains a judgment or order for the payment of money by the judgment debtor and

                        (a)   the judgment or order is not for the payment of money into Court, and

       (b) another person referred to as the garnishee is indebted to the judgment debtor,

the Court may, subject to the provisions of this Order and of any other relevant enactment, order the garnishee to pay to the judgment creditor,

        (c) the amount of any debt due or accruing to the judgment debtor from the garnishee, or

         (d) as much of the debt as is sufficient to satisfy that judgment or   order and the costs of the garnishee proceedings.

(2) In furtherance of this rule a bank is a debtor to a customer who has a credit balance in an account kept with the bank and the credit balance is          .

(a) the debt owed by the bank to the customer, and

(b) subject to garnishee proceedings.

(3) An order under this rule shall

(a) in the first instance be an order to show cause,

(b) specify the time for further consideration of the matter, and

(c) attach the debt or as much of the debt as is specified in the order, to satisfy the judgment or order and the costs of the proceedings.

Application for order

4. An application for an order under rule 3 may be made ex parte and shall be supported by an affidavit that

(a) identifies the judgment or order to be enforced and states the amount remaining unpaid under it at the time of the application,

(b) states that to the best of the information or belief of the deponent, the garnishee is indebted to the judgment debtor, and

(c) states the sources of the deponent's information or the grounds for the deponent's belief.

Service and effect of order to show cause

5. (1) An order under rule 1 to show cause as set out in Form 16 of the First Schedule shall be served, at least seven days before the time appointed for the further consideration of the matter, on

(a) the garnishee personally; and

(b) the judgment debtor unless the Court otherwise directs,

(2) Service of the order on the garnishee shall bind the garnishee as regards the debt or the part of the debt specified in the order from the date of service on the garnishee.

No attendance or dispute of liability by garnishee

6. (1) Where at the further consideration of the matter, the garnishee does not attend or does not dispute the debt due or claimed to be due from the garnishee to the judgment debtor, the Court may, subject to rule 7, make an order absolute under rule 1 against the garnishee.

(2) An order absolute under rule 1 against the garnishee may be enforced in the same manner as any other order for the payment of money, except that in the case of a garnishee bank the Court may order the bank to pay the judgment creditor the credit balance or as much of it as is necessary to satisfy the judgment debt and costs.

Dispute of liability by garnishee

7. Where at the further consideration of the matter the garnishee dis­putes liability to pay the debt due or claimed to be due to the judgment debtor, the Court may summarily determine the question in issue or or­der that any'" question necessary for determining the liability of the gar­nishee be tried in the manner in which a question or issue in an action may be tried.

Claims of third person

8. (1) If in garnishee proceedings it is brought to the notice of the Court that some person other than the judgment debtor is or claims to be entitled to the debt sought to be attached or has or claims to have a charge or lien on the debt, the Court may order that other person to attend the Court and state the nature of the claim, with particulars of the claim.

(2) After hearing a person who attends the Court in compliance with an order under subrule (1), the Court may

(a) summarily determine the questions in issue between the claimants, or

(b) make another order as it considers Just, including an order that the question or issue necessary for determining the validity of the claim of that person be tried in a manner a question or an issue in an action may be tried

Discharge of garnishee or judgment debtor

9. (1) A payment made by a garnishee in compliance with an order absolute under this Order and any execution levied against the garnishee under this order is a valid discharge of the liability of the garnishee to the judgment debtor to the extent of the amount paid or levied, even if the garnishee proceedings are subsequently set aside or the judgment or order from which they arose are reversed.

(2) A payment made by a garnishee in compliance with an order absolute under this Order and an execution levied against the garnishee in furtherance of the order shall also be a valid discharge of the liability of the judgment debtor to the judgment creditor to the extent of the amount paid or levied despite the subsequent setting aside of the garnishee pro­ceedings or reversal of the judgment or order from which they arose are reversed.

Money in Court

10. (1) Where money stands to the credit of a judgment debtor in Court, the judgment creditor is not entitled to take garnishee proceedings in respect of that money but may apply to the Court for an order that the money or so much of it as is sufficient to satisfy the judgment or order sought to be enforced, together with the costs of the application be paid to the judgment creditor.

(2) Notice of the application shall be served on the judgment debtor at least seven days before the day named in the application for hearing the application.

(3) The money to which the application relates shall not be paid out of Court until after the determination of the application unless the Court directs otherwise

(4) The Court which hears the application may make any order that it considers just as regards the money in Court.

Costs

11. The costs of an application for an order under rule 1 or 8, and of any proceedings arising from or incidental to the application shall, unless the Court otherwise directs, be retained by the judgment creditor out of the money recovered by the judgment creditor under the order and in priority over the judgment debt.

 

 

 

 

 

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