How to apply for a garnishee order in Uganda
In brief
A garnishee order is a way to enforce a judgment by reaching money that someone else owes your debtor — for example funds in the debtor's bank account. Under Order 23 of the Civil Procedure Rules, a decree-holder may apply (ex parte, on affidavit) for an order attaching debts owing or accruing from a third party (the 'garnishee') to the judgment debtor, to answer the decree. The court issues an order nisi calling on the garnishee to show cause why it should not pay the decree-holder; it must be served at least seven days before the hearing.
1. Governing law
Order XXIII of the Civil Procedure Rules (attachment of debts) lets a decree-holder enforce a money decree against debts owed to the judgment debtor by a third party. On the ex parte application of the decree-holder, supported by affidavit stating that a decree has been issued and remains unsatisfied and to what amount, and that another person within the jurisdiction is indebted to the judgment debtor, the court may order that all debts owing or accruing from that third person (the 'garnishee') to the judgment debtor be attached to answer the decree, together with the costs of the garnishee proceedings (r.1(1)). By the same or a later order the court may order the garnishee to appear and show cause why it should not pay the decree-holder the debt due, or enough of it to satisfy the decree and costs (r.1(2)). The order nisi must be served on the garnishee at least seven days before the hearing and, unless otherwise ordered, on the judgment debtor (r.1(3)-(4)); if liability is disputed the court tries the garnishee's liability, and payment by the garnishee is a valid discharge. Statutory text verified against the consolidated Laws of Uganda as at 31 December 2023. Sourced from the Uganda Legal Information Institute (ulii.org).
2. Key statutes & rules
- Civil Procedure Rules, Order XXIII (attachment of debts) — r.1 (on the decree-holder's ex parte affidavit application, the court may attach debts owing from a third party (the garnishee) to the judgment debtor to answer the decree, and order the garnishee to show cause; the order nisi is served at least seven days before the hearing); r.2 (effect of a garnishee order); r.4 (trial of the garnishee's liability); r.7 (payment by the garnishee is a valid discharge).
3. Practical guidance
Have a money decree that is unsatisfied, and identify a third party within the jurisdiction who owes the judgment debtor money (commonly the debtor's bank).
Apply to the court ex parte, on affidavit stating the decree, the amount still owing, and the garnishee's indebtedness (r.1(1)).
Obtain an order nisi requiring the garnishee to show cause why it should not pay you (r.1(2)).
Serve the order nisi on the garnishee at least seven days before the hearing, and on the judgment debtor (r.1(3)-(4)).
At the hearing the order is made absolute unless the garnishee shows cause; payment by the garnishee discharges its debt to the debtor (r.7).
This note is a practitioner orientation, not legal advice, and does not create an advocate–client relationship. Ugandan law changes and chapter and section numbers were revised in the 2023 Laws of Uganda. Verify every statute, rule and authority against the current primary source — and the specific facts of your matter — before filing or relying on it.