GARNISHEE PROCEEDINGS IN NIGERIA AND MALAYSIA: INSIGHTS AND OPTIONS ON GOVERNMENT ACCOUNT
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Date
2020
Journal Title
Journal ISSN
Volume Title
Publisher
Grosvenor, United Kingdom
Abstract
The focus of this paper is to ventilate the position of the law in Nigeria and Malaysia where the judgment debtor against whom judgment is obtained is a constituent of the federation of Nigeria and Malaysia (Federal, State or any of their agencies)whether the consent of the Attorney General of the Federation or State is a sine-qua non to the filling of Garnishee proceeding. This paper argues that it is no longer the requirement of the law in Nigeria for the Attorney General’s consent to be sought and obtained before the execution is carried out. On the other hand, in the case of Malaysia, garnishee proceeding is not allowed against government account. This paper argued that there is need to revisit the law and make garnishee proceedings maintainable against government’s account so that a plaintiff would not be left at the mercy of the executive to claim a judgment sum. This paper concludes that there should be an avenue to challenge or recover indebtedness against the government.
Description
Keywords
Garnhisee, Proceedings, Insights and Options
Citation
Lydia A. Nkasah et.al (eds.),Contemporary Issues in Public, Human Right and Islamic Law; 432-451