mentioned in sub-rule (1) or so much therefore as may be specified in the order, to answer the
Judgment or order mentioned in that and the costs of the garnishee proceedings.'
(3)
An order under this rule shall not require a payment which would reduce below N5, 000 the amount
standing in the name of the Judgment debtor in an account with a building society or a credit union.
Application for order
2.
An application for an order under rule 1 of this order shall be made ex pane supported by an
affidavit(a) Stating the name and last known address of the judgment debtor;
(b)
Identifying the judgment or order to be enforced and stating the amount of the judgment or order
and the remaining unpaid under it as (at) the time of the application.
(c)
stating, that to the best of the information or belief of the deponent the garnishee (naming
him) is within the jurisdiction and is indebted to the judgment debtor and stating the sources
of the deponent's information or the grounds for his belief; and
(d)
stating, where the garnishee is a deposit-taking institution having more than one place of
business, the name and address of the branch at which the judgment debtor's account is
believed to be held and the number of that account or, if it be the case, that all or part
of this information is not known to the deponent.
Service and effect of order to show cause
3.
(1) unless the Court otherwise directs, an order under rule I of this order to show cause shall be
served
(a) On the garnishee personally, at least, fifteen days before the day appointed thereby for the further
consideration of the matter; and
(b)
On the judgment debtor, at least seven days after the order has been served on the garnishee and at
least seven days before the day appointed for the further consideration of the matter.
(2)
An order under rule 1 of this order shall bind in the hands of the garnishee as from the service of
the order on him any debt specified in the order or so much thereof as may be so specified.
Non-appearance or dispute of liability by garnishee
1.
(1) where on the further consideration of the matter, the garnishee does not attend or does not
dispute the debt due or claimed to be due from him to the judgment debtor, the Court may make an
order absolute under rule 1 of this order against the garnishee.
(2)
An order absolute under rule 1 of this order against the garnishee may be enforced in the same
manner as any other order for the payment of money.
Dispute of liability by garnishee
5.
Where on the further consideration of the matter, the garnishee disputes liability to pay the
debt due or claimed to be due from him to the judgment debtor, the Court may summarily
determine the question at issue or order that any question necessary for determining the liability
of the garnishee be tried, without, if it orders trial before a matter, the need for any consent by the
parties.
Claims of third persons