* ABOUT THE BOOK Research has shown that more than ninety percent of debtors are unwilling to pay their debts except there is a ‘’push.’’ It is either the government is indebted to its contractors and have refused to pay them or the contractors are themselves indebted to their workers. The banks could also be indebted to their external solicitors and delay to pay them despite repeated demands. The Police as an institution are mostly unwilling to pay monetary damages awarded against them in fundamental rights enforcement suits. Individuals also owe and refuse to pay. The list is indeed endless and can only be better imagined. This is where garnishee proceedings come to the rescue and provides the legal framework through which a creditor can successfully recover his money. In this book, the author makes a point-by-point analysis of the basic principles of garnishee proceedings in Nigeria and presents to the reader, a one-stop manual on the law and practice of garnishee proceedings. The book is divided into six chapters. In chapter one, the book sets the tone by discussing the meaning of garnishee proceedings, nature, legal framework, parties to garnishee proceedings and the distinction between garnishee proceedings and other forms of execution of judgments. In chapter two, the salient issues and principles in garnishee proceedings have been carefully discussed with the aid of decided authorities and relevant statutory provisions. Such salient issues include: the consequence of failure to show cause in garnishee proceedings, requirement of consent of the Attorney General before commencement of garnishee proceedings against the government, position of the law where government’s money is with a commercial bank and the position of the law where government’s money is with the Central Bank. Other salient issues discussed in chapter two are: the steps or procedures to be followed in an application for garnishee orders, the effect of service of Order Nisi on the Garnishee, the legal implication of Order Absolute, and the fact that a Judgment Debtor cannot stay the execution of a garnishee order. Also in this chapter, the discussion has been made that garnishee proceedings cannot be restrained by injunction and that the Judgment Debtor – no matter how aggrieved – has no right of appeal against a garnishee order. Still from chapter two, the reader will discover that garnishee proceedings need not be commenced in the court that pronounced the judgment. It can be commenced in High Court No. 10 whereas the judgment that pronounced the debt owing was obtained in High Court No. 5. The reader will also discover that pre-action notice is not required in garnishee proceedings. Also, failure to state the correct account number of the Judgment Debtor and the exact amount therein does not render garnishee proceedings incompetent. Garnishee proceedings can also be commenced at the Magistrate Courts. Many more salient issues in garnishee proceedings have been carefully analysed in chapter two. In chapter three, the book makes a careful analysis of key sections of the Sheriffs and Civil Process Act and the Judgments (Enforcement) Rules as they affect garnishee proceedings. In other words, this chapter is an annotation of the key sections of the afore cited pieces of legislations as they relate to garnishee proceedings in Nigeria. In chapter four, possible objections and defences to garnishee proceedings have been carefully discussed in view of the fact that once served with garnishee order nisi, the Garnishee is expected to show cause why the order nisi should not be made absolute. In chapter five, the book goes practical and presents to the reader, sample drafts of garnishee processes. This includes drafts for use at the trial courts and the appellate courts. The book ends in chapter six which deals with selected judgments on garnishee proceedings. There is also an appendix for ease of reference. In writing this book, especially chapter five – sample drafts of garnishee processes, the author has made reference to names of persons, places and institutions. These names are fictional and not intended to reflect any particular person or place even where it conforms to an existing name of a person or place. The legal practitioner is therefore enjoined to adapt the precedent to truly reflect the names of the parties he represents or the names and places in the matter he is engaged to prosecute or defend. This book will surely be of immense benefit to lawyers in private practice, lawyers in the legal departments of banks and other corporate entities and, lawyers in the academia. It will also be of benefit to the Magistrates, Judges of the Federal High Court, High Court of the Federal Capital Territory, Judges of the various State High Courts and the Honourable Justices of the Court of Appeal and Supreme Court. Ekemini Udim is the author of Practice Guide on No Case Submission, Trial within Trial In Criminal Proceedings, Practical Approach to Effective Cross Examination, amongst others. He is reachable on: 08131937282 08185001073 ekeminiudimforjustice@gmail.com ]]>