Appeal Court. 13th May,
1938.
Appeal
from Order of Supreme Court.
Garnishee Proceedings-Money in
custodia legis is property of
Defendant and can only be
attached by a creditor of his'
'Who has proceeded to judgment
against him.
Held: Appeal dismissed.
There is no need to set out the
facts.
O.
A.lakija
for Appellant. Respondent in
person.
The following joint judgment was
delivered:-
KINGDOK, C.J., NIGERIA, PETRIDES,
C.J., GOLD COAST,
AND GHAHAM PAUL, J.
The £7 7s. 0d. in question in
this appeal is money
in custodia legis
as the proceeds of execution of
a writ of
Pi Pa
issued on behalf of the
respondent. It is therefore the
money of the respondent. Any
creditor of the respondent
desiring to attach this money in
the hands of t he Court can do
so only by bringing a suit
against the respondent and
therein taking the proper steps
to do execution against money of
the respondent in
custodia legis.
It cannot be done by a creditor
bringing a motion in the
original suit to which he was
not a party. It follows that the
motion in which the Court below
made the order which is the
subject of this appeal was
incompetent and should have been
dismissed on that ground. The
motion was dismissed by the
Court below and the appeal
against the order of dismissal
must be-and is dismissed by
this Court without this Court
expressing any view whatever as
to the correctness or otherwise
of the grounds given by the
Court below for dismissing the
motion.
The respondent is awarded costs
assessed at half a guinea.