PART XVIII - ENFORCEMENT AND EXECUTION CHAPTER 3 - EXECUTION
Section 161. Garnishment (Hilawah).
(1) In this section "property" includes a debt due by the garnishee to the judgment debtor.
(2) The following provisions shall apply where the 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 Form MS 37, provided that where the property is in the Court, a notice in Form MS 38 shall be used;
(b) all property specified in a garnishment notice shall be attached to the extent or value therein mentioned in the notice and any transfer or disposal of the property contrary to the terms of
the notice, unless by leave of the Court, shall be void against the bailiff and the judgment creditor and the said action is a contempt of Court;
(c) the garnishee may pay to the bailiff the amount claimed or may deliver to him the property attached;
(d) if the garnishee disputes the liability to pay the debt due or accruing due he shall file a notice of objection in Form MS 39 to the Registrar who shall then direct the bailiff to serve a garnishment summons in Form MS 40 and the Court shall examine the garnishee as to the property attached.
Provided that-
(i) no such summons shall be issued against a public servant in respect of money or property in his possession as such, unless with leave of the Court or the consent in writing required by any written law;
(ii) no such summons shall be issued in the case of money, invested funds 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 lawfully attached in his hands, as if he was himself a judgment debtor for the amount claimed against the original judgment debtor, or for the amount or value of the property in the ,garnishee's hands, whichever is less;
(g) the Court may-
(i) order costs against the garnishee and may grant or refuse him recourse thereafter against the judgment debtor;
(ii) allow costs to the garnishee against the judgment creditor and may grant or refuse leave to treat the costs as costs of the execution;
(h) if a debt due payable by instalments is attached, the garnishee shall not be liable to pay except in accordance with the order for instalments;
(i) payment by 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 withdrawn 3 months after service, unless proceedings under a garnishment summons are then pending, or the Court orders otherwise.