Shields v Maherry and the New Goch GMCO Limited [1913] ZAWLD 11 (17 April 1913)

Execution - Garnishee order - lnformal notice of - Money subsequently paid over - Consequences of

A garnishee order attaching money in the hands of a company was served at the head office of the company. Beyond forwarding the order in the usual way to the manager at the branch office, where the money was to be paid out, the company took no steps to see that the order was complied with. The branch office manager, however, paid out the money to the debtor before the order actually reached him although he had been informed of its existence by the attorney for the judgment creditor.

Held, that, under the circumstances, the company should be ordered to pay to the judgment creditor the same amount as would have been attached had the money not been paid over.