Abstract

Garnishing proceeding is one of the means of realizing a judgment debt. It is a special procedure invoked to compel a third party (for instance a bank) who is in possession of the asset of the judgment debtor to forfeit the said asset to the judgment creditor to the tune of the debt in question.It has always been a tug of war between judgment creditors and third party garnishee. The judgment creditor initially gets an order nisi which compels the third party to show cause why the order should not be made absolute.The law has always been that where a court has finally decided a matter before it effectively, such a court cannot review/set aside same judgment. The paper will attempt to critically look into concept of judgment of a court; when a court becomes functus officio and its applicability to garnishing proceedings.

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