Section 140. Garnishment. (SYARIAH CIVIL PROCEDURE ENACTMENT 1993

ENACTMENT NO. 9 OF 1993
SYARIAH CIVIL PROCEDURE ENACTMENT 1993

PART XIX – EXECUTION

Section 140. Garnishment.

(1) In this section "property" includes a debt due by the punishee to the judgment debtor.

(2) Where execution is ordered by attachment of property in the possession or control of a garnishee -

(a) the bailiff shall serve on the garnishee a garnishment notice in the form provided;

(b) all property specified in a garnishment notice shall thereafter be attached in the hands of the garnishee to the extent or value therein mentioned and any alienation or disposal of the same contrary to the terms of the notice, unless by leave of the Court, shall be void against the bailiff and the judgment creditor, and shall also be a contempt of Court;

(d) if the garnishee does not so make payment or delivery, the bailiff may serve on him a summons in the form provided and the Court shall examine him as to the property attached or alleged to be attached:

Provided that -

(i) no such summons shall issue to a public servant in his possession as such, unless with the leave of the Court and the consent in writing of the Chief Minister in respect of a public servant in the State Public Service or of the Federal Minister of Finance in respect of a public servant in the Federal Public Service;

(ii) no such summons shall issue in the case of money or property in any Court;

(e) the Court may hear other evidence on any garnishee summons;

(f) after hearing the summons, the Court may make an order for payment or delivery and may order execution to issue against the garnishee for any property found to have been lawfulli attached as if he were himself a judgment debtor, for the amount or value of the property in the garnishee' s hands, whichever is the less;

(g) (i) the Court may order costs against the garnishee and may grant or refuse him recourse therefor against the judgment debtor;

(ii) the Court may allow cots to the garnishee against the judgment creditor and may grantor refuse leave to treat the cost as costs of the execution;

(h) if a debt due on judgment and payable by instalments is attached, the garnishee shall not be liable to pay save in accordance with the order for instalments;

(i) payment by a garnishee under this section shall be a valid discharge against the judgment debtor;

(j) the bailiff may, at the request of the judgment creditor, and shall, if so ordered by the Court, withdraw any garnishment notice or summons;

(k) a garnishment notice shall be deemed to be vacated 3 months after service, unless proceedings under a garnishee summons are then pending, or the Court shall otherwise order.