This question lies at the heart of Vitachem (Nig.) Ltd. v. DSM Sinochem Pharmaceuticals India Pvt. Ltd. (2026) LPELR-83052 (SC), a Supreme Court decision with important implications for garnishee proceedings and post-judgment enforcement.
The case raises a significant procedural question: When a judgment debtor seeks to challenge a garnishee order nisi, what is the proper procedure for doing so?
Should counsel file a motion to set aside the order? Or should the judgment debtor show cause why the order should not be made absolute?
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