Magistrates' Courts Act, 1944 (Act No. 32 of 1944)

Part II : Civil Matters

Chapter IX : Execution

75. Jurisdiction to decide disputes arising out of garnishee orders
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(1)If the garnishee disputes that the debt or emoluments sought to be attached are owing or accruing or alleges that they are subject to a set-off or belong to or are subject to a claim by some third person, the court may determine the rights and liabilities of all the parties and may declare the claim of that third person to be barred, provided that the claim or value of the matter in dispute is otherwise within the jurisdiction of the court.

 

(2)If it be proved that such third person neither resides nor carries on business nor is employed within the Republic and that he has a prima facie claim to the debt, the court shall not have jurisdiction under this section.