The long-standing legal dispute between M-Tosh Prints, Inc. and the National Elections Commission (NEC) has entered a new phase, as lawyers representing the printing company petitioned the Commercial Court for a Writ of Garnishment to recover funds awarded in a final judgment.
According to the petition filed by Cllr. Arthur T. Johnson, Lead Counsel for M-Tosh Prints, the NEC has willfully refused to comply with a judgment rendered in a debt action, despite the issuance of a Writ of Execution and the expiration of the grace period for payment.
The NEC, under the leadership of Chairperson Madam Davidetta Browne Lansanah, now faces potential seizure of its financial assets held in government and commercial institutions.
What is Garnishment?
Under Liberian law, garnishment is a legal process used to enforce a court judgment when the losing party—known as the judgment debtor—fails or refuses to pay.
Governed by Sections 44.35 to 44.38 of the Liberian Civil Procedure Law, garnishment enables the court to order a third party—such as a bank, government agency, or mobile money provider—to withhold and transfer money or property belonging to the debtor in order to satisfy the judgment.
A Writ of Garnishment is issued by the court and served by the sheriff, directing garnishees to seize funds or assets held in the name of the debtor.
These can include operational accounts, salary payments, and other financial resources.
Legal and Judicial Oversight
The process is supervised by the court to ensure fairness and compliance with the law.
A hearing may be scheduled to resolve disputes, confirm the validity of the garnishment, and ensure that no protected or exempt property is wrongly taken.
Judgment debtors are afforded due process, including notification and the right to challenge the garnishment.
A Tool of Last Resort
Garnishment serves an important public purpose: enforcing court judgments and upholding the rule of law. When all other means fail, garnishment ensures that court orders are not disregarded, preserving the integrity of the judiciary and the rights of prevailing parties.
In the case of M-Tosh Prints, Cllr. Johnson has asked the court to direct the Ministry of Finance and Development Planning, as well as all commercial banks and financial institutions, to freeze NEC accounts and transfer sufficient funds to satisfy the judgment.
“This petition is made in the interest of justice,” the legal counsel wrote, emphasizing that the NEC’s refusal to honor the court’s decision undermines judicial authority.
As of press time, neither the NEC nor the Ministry of Finance had issued an official response.
