Garnishee proceedings otherwise known as a garnishment is a judicial process of execution or enforcement of monetary judgement whereby money belonging to a judgement debtor, in the hands or possession of a third party known as the garnishee usually a bank, is attached or seized by a judgement creditor also known as the garnisher.
The garnishee orders are divided into two, that is an order nisi and an order absolute. The decree nisi is the first garnishee order which is an order of attachment of the debts of the judgement debtor in the hands of the garnishee operates as an injunction to restrain the garnishee from paying money out of the garnishee order nisi is set aside. At this point, if the court is satisfied that there is a legitimate reason for not paying the judgement debt out of the attached debt, the court would halt the execution process by not issuing the garnishee order absolute. The second stage is the garnishee order absolute, which is an order to pay the judgement debt from the judgement debtor’s debt under the garnishee. This process ends the execution.
The procedure used to make this application is by way of Notice of Motion and an affidavit attached to it explicitly explaining the grounds for the order to be granted. Upon the grant of a garnishee order nisi, the respondent may apply to the court to have it set aside. Once the decree absolute is granted, then the judgement creditor goes ahead to execute the order.