GARNISHEE PROCEEDINGS IN GHANA

Garnishee proceedings in Ghana involves a process where a Court orders a third party who holds funds on behalf of the judgment debtor to pay the funds it holds to the judgment creditor in order to satisfy the judgment debt, costs, and the expenses of the garnishee proceedings. The third party (referred to as the “garnishee”) can be the judgment debtor’s employer, bank, or any individual or entity indebted to the judgment debtor.
Here are the key points regarding garnishee proceedings in Ghana:
Application:
The Judgment creditor initiates the process by filing an application for an order of garnishee nisi. This application is made ex parte, meaning it is submitted to the court without notice to the garnishee or the debtor. The application must be supported by an affidavit containing relevant details.
Garnishee order nisi: If the court is satisfied with the application, it issues a garnishee order nisi. This order instructs the garnishee to withhold the debtor’s funds or property to satisfy the judgment debt. The order should be served personally on the garnishee and the judgment debtor, typically at least seven days before further proceedings.
Objections by the garnishee: If the garnishee disputes the debt, they can raise objections. The court will then determine the issue either summarily or through a trial and make appropriate orders based on the findings. This process allows the garnishee to challenge the validity of the debt or claim exemptions.
Garnishee order absolute: If the court dismisses the garnishee’s objections or resolves the matter in favor of the creditor, the garnishee order nisi becomes a garnishee order absolute. This order directs the garnishee to pay the debt to the judgment creditor.
Payment to the creditor: Once the garnishee order becomes absolute, the garnishee is obligated to release the withheld funds or property to the creditor. The payment satisfies the judgment debt, costs, and any other specified amounts in the order.