ENFORCEMENT OF JUDGMENTS

CONTENTS:

1.0       Introduction

2.0       Objectives

• Main Content
• Judgment for payment of Money
• Judgment for Possession of Land or other Property

4.0       Conclusion

5.0       Summary

6.0       Tutor Marked Assignment

7.0       References/Further Reading

INTRODUCTION

A party in whose favour a monetary judgment is given is known as the judgment creditor and his opponent, the party against whom the judgment is given, is the judgment debtor. The judgment extinguishes the rights of the judgment creditor in respect of the judgment debt. The judgment creditor may enforce the judgment under the Sheriffs and Civil Process Law and the judgments (Enforcement) Rules by any of these methods, i.e. a writ of attachment and sale of property, garnishee proceedings, a writ of sequestration, a writ of possession, a writ of delivery, etc.

OBJECTIVES

In this Unit, you should be able to know the following:

• What is enforcement of judgments?
• To distinguish the judgment creditor from the judgment debtor
• Conditions under which the plaintiff may enforce the judgment

MAIN CONTENT

Judgment for payment of money:

This may be enforced by:-

• A writ of fife: directing the Sheriff to seize the debtor’s goods or properties through bailiffs for sale in satisfaction of the Thus, executing the writ may attach and sell-
• Any moveable property to which the judgment debtor is entitled but which is not in his possession or subject to a lieu or right of some other person to the immediate possession of the property, and
• Any shares in any public company or corporation to which the judgment debtor is entitled. The attachment of such movable property or shares affected under an order of court by delivering an office copy of the order to any person bound by it

A Charging Order:   

May be made over the debtor’s land, shares or other property for payment of the debt. When the money is not paid, such property may be sold upon application to court, in order to satisfy the debt.

A writ of Sequestration:

Commands and empowers two or more commissioners to be appointed by the court for the purpose to enter upon all the immovable property of the judgment debtor, to collect the rents and profits of the immovable property and also to take possession of all the goods and movable property of the judgment debtor, until the debtor clears his contempt or the court makes an order to the contrary.

Appointment of a receiver:

Over the debtors property to take over income such as rent and apply it to pay off the judgment creditor and so forth.

A Garnishee Order:

May be made to attach money which the debtor has with a third party, such as a bank, so that a credit balance on the debtor’s bank account will be diverted from him and paid to the judgment creditor. A plaintiff usually apply to court for a garnishee order nisi which is directed to the bank and the debtor, requiring the bank to send a representative to attend court to show why the money or a part of it should not be used to pay the judgment creditor.

Attachment or earnings:

Earnings may be attached to pay debt. Where a debtor is in employment, a judgment creditor may obtain an order directing the debtor’s employer to deduct a specified sum from the defendant debtor’s wage or salary and pay it into court for the plaintiff. Attachment is not available against the profit of a self-employed person.

Judgment for Possession of Land or other Property:

Where a judgment is given or an order is made for the recovery of land or for the delivery of possession of land, in an action other than one between landlord and tenant under the Recovery of Premises Law, the judgment or order is enforceable by a writ of possession in a prescribed form addressed to the Sheriff. Thus, judgment for the possession of land or other property may be enforced by:-

• A writ of possession
• A vesting order and so forth
• Judgment for Delivery of Goods may be enforced by a writ of delivery, or an order of specific performance, and so forth

CONCLUSION

In this Unit, we have discussed Enforcement of Judgments. In its introduction we have discussed judgment creditor and judgment debtor respectively. We have also dealt  upon judgment for payment of money and judgment for possession of land or other property. Thus, we conclude that there are two types of writ of attachment and sale of property. One relates to goods and chattels (movable property) the other relates to immovable property.

SELF-ASSESSMENT EXERCISE

Within the Nigerian judicial system how can judgments be enforced?

  SUMMARY

When judgment has been entered in favour of a party, the judgment if not satisfied within the time frame by law, appealed against or otherwise arrested, the plaintiff may enforce the judgment under the Sheriffs and civil process law and the judgments rules.

  TUTOR MARKED ASSIGNMENT

What is enforcement of judgments? Distinguish the judgment creditor from the judgment debtor

  REFERENCES/FURTHER READING

Akintunde Obilade O., (1990) – The Nigerian Legal System, Owerri, Spectrum Law Publishing.

Ese Melami, (1999) – Outline of Nigerian Legal System, Lagos, Grace Publishers Inc.

Kiralfy, A. K. R., (1960) – The English Legal System, London, Sweet and Maxwell.