This is an application to set aside the garnishee Order absolute, the court made on the 8th August, 2017. I have read the application and the supporting affidavit. I have also listened to the submissions of counsel.
I must say that Order 47 rule 5 of C.I.47 requires the court to consider any dispute to liability to pay by the garnishee. On the 8th August, 2017, the garnishee’s representative was in court. He did not dispute the liability to pay. As a matter of fact, when the representative of the garnishee was asked if there is any cause for the court not to order the garnishee to pay the debt, he stated that, there was a facility which the bank had granted to the Defendant/Judgment/Debtor in respect of a different account.
It has been contended that the judgment debtor owes the garnishee so the garnishee has a right of set-off against the judgment debtor. This right might be an inherent right.
However, where a party has a right but decide not to exercise same for reasons best known to t…