Abstract
There is a presumption that the trial court’s decision is right. However, an appellant may be able to rebut such presumption and thus succeed on appeal. If execution has been levied pursuant to the trial court’s judgment, a subsequent success on appeal may turn out to be worthless victory especially where the position of parties might have been irreversibly altered due to execution of judgment. This becomes detrimental to the appellant as a result of such execution, and the subject matter or the rest of the suit could have been irretrievably dissipated. Therefore, this article tries to explain the nature of stay of execution as a process which seeks to halt the enforcement of judgment which temporarily denied the judgment creditor from enjoying the fruits of his judgment, whereas Garnishee order is meant to execute money judgment while a third person is involved. This article intends to examine a garnishee proceeding that is initiated while a stay of execution application is pending, which is a serious concern for practitioners, litigants and the court. Where then is the validity or otherwise of a garnishee proceeding when an application for a stay of execution is pending before appeal? The court appears to have different attitude in this situation, hence this article intends to X-ray the paths with a view of making strong recommendations that would develop the law.
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