Lawyers' Guide
Civil Litigation Preview 24 min read

Enforcement of Judgment

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Enforcement of Judgment & Applications Pending Appeal

- Part I - Enforcement of Judgment -

Definition

Tukur v Government of Gongola State (1989) 4 NWLR (Pt 117) 592

Enforcement of judgment is the process whereby a judgment or order of a court of law is enforced or given effect to according to law.

Applicable Laws

  1. Rules of Court;
  2. Judgments (Enforcement) Rules;
  3. Sheriffs & Civil Process Act (SCPA);
  4. Case law;
  5. Principles of equity;
  6. The Constitution;
  7. Foreign Judgments (Reciprocal Enforcement) Act;
  8. Bankruptcy Act;
  9. Companies and Allied Matters Act;
  10. Petition of Rights Act and the various State Petition of Rights Laws.

Who Enforces Judgments?

  1. Sheriffs;
  2. Deputy Sheriffs;
  3. Bailiffs.

Parties to Enforcement

PartyDescription
Judgment CreditorThe party in whose favour the judgment was made and which subsists
Judgment DebtorThe party against whom the judgment was made
Garnishee (third party)Where Garnishee Proceedings are taken: the judgment creditor is the “Garnishor”, and a third party against whom the proceedings is taken is the “Garnishee”

Mode of Enforcement Depends On:

  1. Whether the judgment is monetary or relates to land;
  2. Whether it is a local or foreign judgment.

Modes of Enforcing Monetary Judgments

  1. Writ of Fi Fa (Fieri Facias);
  2. Garnishee Proceedings;
  3. Judgment Summons;
  4. Writ of Sequestration.

Time for Compliance – Order 39 Rule 2 Abuja / Lagos

“Where any judgment is pronounced by the court the judgment shall be dated the day on which such judgment is pronounced and shall take effect from the date unless the court otherwise directs.”

Monetary judgment is immediately enforceable unless the court orders otherwise – Olatunji v Owena Bank Plc.

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