Snaw and Another v Tatham [1912] ZAWLD 14 (13 May 1912)

Execution-Garnishee Proceedings-Process in Aid Attachment of Wages-Existence of Civil lmnprisonment Order-Costs-Attorney and Client Costs.

A obtained judgment in a 'magistrate's court against B for payment of a certain sum and costs, and subseguently in the same court obtained a civil imprisonmentorder against B, to be suspended subject to B paying £2 10s. on the fourth day of each month. Before the time for the payment of the first monthly sum fell due, and without B having manifested any intention of  not making such payment, A applied to a judge for an order garnisheeing the whole of B's wages for the first month, but did not disclose the fact that he had already obtained the civil imprisonment order. A rule nisi having been granted, B. appeared on the return day ancl opposed: -Held, that, as there had been no breach of the civil imprisonment order, in the absence of proof of probable disobedience there to or apprehension of loss, the provisionalgarnishee order should be set aside with costs. In the absence of proof that the applicant had designedly failed to disclose the existence of the civil imprisonment order, the Court refused to grant attorney and client costs against the applicant.