judgment summons in nigeria

The judgement summons issued by Justice Ekwo and made available to newsmen in Calabar said “the plaintiff/judgment creditor obtained Garnishee Order Absolute against the Central Bank of Nigeria in the matter for the sum of $70,000,000.00 (Seventy Million US Dollars) and the same sum remains partially unsatisfied till date to the tune of $53 million. Where there are disputed facts it is not proper to initiate proceedings by originating summons In this case, this court ordered a fresh hearing on pleadings on the ground that the proceedings should not have been initiated by originating summons. It does not mean an order between the writ and the final judgment. Research support is also available. Apply and obtain a duly signed and sealed Certificate of Judgment. Sales are always by public auction; the purchaserâs title is voidable for 21 days from the sale after which it becomes absolute where there is no application to set it aside. The journal contains a separate section on recent Journal of African Law is essential reading Access supplemental materials and multimedia. The Writ does not vest title on the sequestrators. Select a purchase In conclusion, it is worthy to note that the procedure for enforcement will depend on the type of judgment and that all writ of execution has a life span of one year from the date of issue. The Police Chief whose summons has been served at the Force Headquarters in Abuja is to show cause in court why contempt charges should not be filed against him to commit him to prison. Rule 4 – Where service of Notice of Judgment or Order may be dispensed with. By Litigation Team at Resolution Law Firm, Ikeja, Lagos Office: Second Floor, Alphon House, N0 50/52, Toyin Street, Ikeja, Lagos, Nigeria, Lekki, Lagos Office: 3rd Floor, Lennox Mall, Block 10, Plot 2 & 3, Admiralty Way, Lekki Phase 1, Lagos Nigeria, Abuja Office: No 8, Lake Chad Crescent, Maitama, Abuja, Nigeria, London Office: KEMP House 160 City Road, London United Kingdom ECiV2NX, Resolution Law Firm is one of the leading law firms in Nigeria |, on PROCEDURE FOR ENFORCEMENT OF JUDGMENT IN NIGERIA, OVERVIEW OF THE JURISDICTION OF THE FEDERAL HIGH COURT IN NIGERIA, LEGAL REMEDIES FOR MALICIOUS PROSECUTION IN NIGERIA, OVERVIEW OF FUNDAMENTAL HUMAN RIGHTS IN NIGERIA. JSTOR®, the JSTOR logo, JPASS®, Artstor®, Reveal Digital™ and ITHAKA® are registered trademarks of ITHAKA. This item is part of a JSTOR Collection. Spread the love. Judgment Summons – This mode is usually resorted to where the judgment debtor has the means but has refused to pay, Application is by filing the praecipe in Form 13 for the issuance of a judgment summon, requiring the judgment debtor to appear and be … Execution of the writ by the court sheriff. Writ of Fieri Facias – this is also known as Writ of Fi.Fa or writ of attachment and sale. itself as the leading journal in its field. Check out using a credit card or bank account with. the judgment creditor also files post-judgment applications to enforce the judgment of the court. The Writ is first issued against the movable properties and then extended to an immovable property when the movable property is insufficient to satisfy the debt. All superior courts have a uniform procedure for enforcement governed by the Sheriffs and Civil Process Act. 7 of action. An action that is contentious or likely to be contentious is commenced by way of Writ of Summons, while Originating Summons is used for an action that is not contentious or likely to be contentious (Order 2, Rule 1 of the High Court of the Federal Capital Territory (Civil … laws of sub-Saharan African countries. For writ against immovable properties, the application is by way of motion on notice, supported by an affidavit and written address. Since its formation in 1916, The School of Oriental and African Studies has With a personal account, you can read up to 100 articles each month for free. The judgment creditor may (if the above means do not satisfy the debt) obtain a judgment debtor summons16 in order that the judgment debtor may be examined on oath about his financial means. Purchase this issue for $124.00 USD. This application is made by motion supported by an affidavit and may be … Rule 3 – Settling Deed where parties differ. In other words, he must depose to facts that there is not only a valid cause of action, but that he is entitled to the relief sought. '8 In the event of default, a default judgment debtor summons may be obtained, although it is normal for an order for more convenient instalmental payments to be made, rather Judgment Summons –This mode is usually resorted to where the judgment debtor has the means but has refused to pay. After investigation, the court may make any of the following orders: commit the judgment debtor to prison, order for the attachment of the judgment debtorâs property, order for payment in installments. The Order shall be served on the judgment debtor and garnishee at least 14 days before the date fix for hearing. A lawsuit can be initiated for an unpaid debt, a breach of contract, or any other type of disagreement. The movable property attached shall not be sold until after 5 days from seizure except perishable goods or by a written request from the judgment debtor, where he been arrested and detained, sales cannot be made until after 1month and 15 daysâ notice must be given to him specifying the goods taken and intended to be sold and a purchaser acquire good title upon sale. Part of the University of London, SOAS is the Order II, r 1, provides that 'Every suit shall be commenced by a writ of summons [emphasis supplied] This is mandatory. The Registrar of the enforcing court shall enter the particulars of the judgment in a book called âthe Nigerian Register of Judgmentsâ. The immovable property shall not be sold until after 15 days from the day it was attached. The Original Judgment Summons Procedure. Rule 1 – Bringing in Judgment etc. Read your article online and download the PDF from your email or your account. Judgment relating to the delivery of goods shall be enforced by a writ of Delivery in Form 67, Procedure for enforcement of a judgment in another state. We will now proceed to examine these rules. In these Rules, unless the context otherwise requires- "the Act" means the Sheriffs and Civil Process Act. During the hearing, the Judgment Debtor would be examined as to his/her financial means to satisfy the maintenance order … The judgment creditor has to follow the required procedure to avoid rendering the execution null and void. world's leading centre for the study and research of Asia, Africa and the ... judgment in Nigeria Post a Comment. This writ cannot be issued until after 3 days from the day the judgment was given except with leave of court. Please note that the mode of recognition of foreign judgments inmost West African countries is the same as Nigeria. The Police Chief whose summons has been served at the Force Headquarters in Abuja is to show cause in court why contempt charges should not be filed against him to commit him to prison. Writ of Sequestration – This writ directs sequestrators appointed by the court to enter the immovable property of the judgment debtor, collect and keep all rents and profits thereof and or seize and detain the movable properties of the judgment debtor until he obeys the judgment. “an interlocutory order means any order than the final judgment in an action. Where the debtor intends to abscond the court may issue a warrant for his arrest and commit him to debtors17 prison until the day fixed for such an examination. The cause of action will be the foreign judgment and not thesubstantive issues that resulted in the judgment. Court- any execution without court order renders the attachment and sale foreign Judgments inmost West African countries is same... 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