In this post, we explained the enforcement of judgment in Nigeria, Classification of Executory Judgments and methods of enforcement. Enforcement of judgement outside jurisdiction and Foreign Judgments.
INTRODUCTION
The enforcement of judgments, particularly in Nigeria is an important step in any matter brought before a Court for resolution. Where a party has judgment delivered in his favor by the Court, if not enforced, the judgment will be useless to the said party. This article sets out the procedure for enforcement of judgment in Nigeria. When the judgment of a court is delivered, it becomes enforceable against a Judgment Debtor who fails to comply with the judgment for one reason or the other.
In order to do this, some coercive methods may have to be employed. Self-help however, is not an option; therefore, provision has been made under our laws to enable successful litigants enjoy the benefit of their hard-earned judgment.
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In Nigeria, most states of the federation have their own judgment enforcement rules. These rules are employed to enforce judgments of courts established by the House of Assembly of each state. They are known as The Sheriff and Civil Process Laws and Judgment Enforcement Rules. This is applicable in the Magistrate and Area Courts. For the High Courts and other Superior Courts of Record, enforcement of judgment is governed by the Sheriff and Civil Process Act and Judgment Enforcement Rules.
ENFORCEMENT OF JUDGMENT IN NIGERIA
The enforcement of judgments, particularly in Nigeria is an important step in any matter brought before a Court for resolution. Where a party has judgment delivered in his favor by the Court, if not enforced, the judgment will be useless to the said party. In other words, it is the pronouncement of the court on the action before it; a final settlement of the matter at the court’s level of the judiciary. Judgment must be found in favor of one party, whether the Claimant (the party who has instituted the action) or the Defendant, therefore, it leaves a judgment creditor; the party in favor of whom judgment is found, and a judgment debtor; the party against whom judgment is given.
While a declaratory judgment merely proclaims or declares the existence of a legal relationship and does not contain any order which may be enforced against the judgment debtor, an executory judgment declares the respective rights of the parties and then proceeds to order the judgment debtor to act in a particular way, hence, it is enforceable. Further to this, declaratory judgments may end up being the ground or basis of subsequent proceedings in which the rights, having been violated, receive enforcement.
The Applicable Nigerian Laws:
- The 1999 Constitution
- The Sheriffs and Civil Processes Act
- Judgment Enforcement Rules
- The Civil Procedure Rules of the various courts.
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CLASSIFICATION OF EXECUTORY JUDGMENTS AND METHODS OF ENFORCEMENT
Money Judgments: Here, the judgment debtor is required to pay the judgment creditor a sum of money; this could be damages awarded or a debt owed which constituted the subject matter of the suit.
Modes of Enforcement:
- Writ of Fieri Facias: This is used to levy execution against the property of the judgment debtor; whether movable or immovable, as long as they lie within the jurisdiction of the court. On the authority of Order IV Rule 1(2) of the Judgment Enforcement Rules, it can only be issued upon the expiration of 3 days from the date of delivery of judgment.
- Garnishee Proceedings: This is provided for in Sections 83 – 92 of the SCPA. Where the judgment debtor has money due to him from a third party, the court may call that third party; now the garnishee, upon the application of the judgment creditor (the garnishor) to pay the money due to the judgment debtor to the court, said money to eventually be paid to the judgment creditor in settlement of the judgment debt.
- Judgment Summons: This is provided for in Section 55 of the SCPA. The judgment creditor applies to the court for the issue of a judgment debtor summons, to invite the debtor to court to answer, on oath, questions as to his means. The likely outcomes of this invitation to court, according to Section 63 of the SCPA, are:
- The judgment debtor may be committed to prison for failure to settle debt, where it is discovered that he has the means but simply refuses to pay.
- The court may give an order attaching his property for sale.
- The court may give an order for payment in installments.
- The court may give an order for the discharge of judgment debtor from prison.
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- Sequestration: The governing law for this is Section 82 of the SCPA. An application for sequestration may only be made to the High Court. It is similar to a writ of Fi Fa but, in this case, the intent is not to sell the property or transfer title but to appoint “commissioners” to enter the judgment debtor’s immovable property for the purpose of collecting and keeping the rent or profits accruing on the property, or to seize the property and detain until the judgment debtor clears himself of contempt or until the court makes a contrary order, which could be that the debt be settled out of the funds obtained. This is on the authority of Order 11 Rule 9 of the Judgment Enforcement Rules.
- Judgment for Possession: This is where the judgment creditor has obtained judgment for the possession of the property which was in dispute.
Modes of enforcement:
- Writ of Possession: This applies to cases of recovery of premises other than between landlords and tenants. It cannot be issued until the expiration of the day on which the judgment debtor is ordered to give possession of the land or, where no such day was given, until the expiration of 14 days from the day judgment was given, according to Order IV Rule 1(1) of the JER.
- Warrant of Possession: This applies to recovery of premises between landlords and tenants.
- Committal Order: On the authority of Section 72 of the SCPA, the judgment debtor may be committed to prison until he obeys the judgment and delivers possession of the property.
- Judgment for The Delivery of Goods: This is for cases where the judgment was for the delivery of goods from the judgment creditor to the judgment debtor.
Modes of Enforcement:
- Committal Order
- Writ of sequestration
- Writ Of Specific Delivery
Based on the principle of specific performance, an order of specific delivery may be issued by the court.
ENFORCEMENT OF JUDGMENT OUTSIDE JURISDICTION
Enforcement Of Judgment Interstate: Generally, the judgment of any superior court of record is enforceable in any part of the Federation as this is guaranteed by the Constitution in Section 287.
The Procedure: Sections 104-110 of the SCPA
- The judgment creditor applies for and obtains a Certificate of Judgment from the Registrar of the High Court that gave the judgment. The Certificate must be duly signed and sealed by the Registrar.
- The judgment creditor takes the Certificate to the State in which he intends to execute it and registers it with the Registrar of a Court of similar jurisdiction with the one that gave the judgment.
- The Registrar of the enforcing court shall enter the particulars of the judgment in the “Nigerian Register of Judgments”.
- After registration, the judgment will become a record of the court and have the same effect as judgment of that court. That is, from the moment of registration, the enforcing court can deal with the judgment as if it was given by that court and can, therefore, execute it.
By virtue of Section 107 of the SCPA however, before the judgment can be enforced on registration, the judgment creditor must depose to an affidavit stating either of the following:
- That the amount in the process has become due but unpaid; or
- That an act ordered to be done remains undone; or
- That the person ordered to forebear from doing an act has disobeyed the order.
After execution, the Registrar of the enforcing court shall file a report, under the seal of the court, of the outcome of the execution notifying the registrar of the court where the judgment was given, that the judgment has been satisfied either wholly or in part, as the case may be.
Enforcement of Foreign Judgments
- With common law jurisdictions, the judgment creditor institutes an action in the foreign country, with the judgment sought to be enforced as the subject matter of the suit.
- Under Part 1 of the Foreign Judgment (Reciprocal Enforcement) Act, countries are to be listed by an order of the Minister of Justice to enjoy ease of enforcement of judgment; however, no such order has been made yet.
- Registration of the judgment in Nigeria may be done within 6 years of delivery by way of a motion. The judgment must however, be capable of enforcement at the date of delivery in the foreign country.
CONCLUSION
The enforcement of a judgment is just as important as obtaining the judgment itself ad it would just be a waste of time to go to Court, get a judgment and be unable to reap the benefits of the judgment. This is the importance of the mechanisms of enforcement explained above.