1988 Ed.] The Rules of the Supreme Court-Order 49
[CAP. 4
into court, and any other person within the jurisdiction (in this Order referred to as "the garnishee") is indebted to the judgment debtor, the Court may, subject to the provisions of this Order and of any written law, order the garnishee to pay the judgment creditor the amount of any debt due or accruing due to the judgment debtor from the garnishee, or so much thereof as is sufficient to satisfy that judgment or order and the costs of the garnishee proceedings.
(2) An order under this rule shall in the first instance be an order to show cause, specifying the time and place for further consideration of the matter, and in the meantime attaching such debt as is mentioned in paragraph (1), or so much thereof as may be specified in the order, to answer the judgment or order mentioned in that paragraph and the costs of the garnishee proceedings.
Application for order (O. 49, r. 2)
2. An application for an order under rule 1 must be made ex parte supported by an affidavit-
(a) stating the name and the last known address of the judgment debtor,
(b) identifying the judgment or order to be enforced and stating the amount remaining unpaid under it 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 bank 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 or, if it be the case, that this information is not known to the deponent.
Service and effect of order to show cause (O. 49, r. 3)
3. (1) Unless the Court otherwise directs, an order under rule 1 to show cause must be served--
(a) on the garnishee personally, at least 15 days before the day appointed thereby for the further consideration of the matter, and
(b) on the judgment debtor, at least 7 days after the order has been served on the garnishee and at least 7 days before the day appointed for the further consideration of the matter.
(2) Such an 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.
A 187
[Subsidiary]
1988 Ed.] The Rules of the Supreme Court-Order 49
[CAP. 4
into court, and any other person within the jurisdiction (in this Order referred to as "the garnishee") is indebted to the judgment debtor, the Court may, subject to the provisions of this Order and of any written law, order the garnishee to pay the judgment creditor the amount of any debt due or accruing due to the judgment debtor from the garnishee, or so much thereof as is sufficient to satisfy that judgment or order and the costs of the garnishee proceedings.
(2) An order under this rule shall in the first instance be an order to show cause, specifying the time and place for further consideration of the matter, and in the meantime attaching such debt as is mentioned in paragraph (1), or so much thereof as may be specified in the order, to answer the judgment or order mentioned in that paragraph and the costs of the garnishee proceedings.
Application for order (O. 49, r. 2)
2. An application for an order under rule 1 must be made ex parte supported by an affidavit-
(a) stating the name and the last known address of the judg-
ment debtor,
(b) identifying the judgment or order to be enforced and stating the amount remaining unpaid under it 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 jurisdic- tion 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 bank 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 or, if it be the case, that this information is not known to the deponent.
Service and effect of order to show cause (O. 49, r. 3)
3. (1) Unless the Court otherwise directs, an order under rule I to show cause must be served--
(a) on the garnishee personally, at least 15 days before the day appointed thereby for the further consideration of the matter, and
(b) on the judgment debtor, at least 7 days after the order has been served on the garnishee and at least 7 days before the day appointed for the further consideration of the matter.
(2) Such an 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.
A 187
[Subsidiary]
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