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16 Cards in this Set
- Front
- Back
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What is enforcement? |
It is the last stage of the judicial process after the legal right has ended in a judgement or order which needs to be enforced. |
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Where does the court derive this power to enforce judgement from? |
Stems from s 6(6)a CFRN 1999 the judicial powers of the court shall extend notwithstanding anything to the contrary in this constitution to all inherent powers and sactions of a court of law. |
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What other laws regulate enforcement of judgements in Nigeria? |
Sheriffs and Civil Processes Act Sheriffs and Civil Processes Laws Judgement Enforcement rules |
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Who are the parties to enforcement of judgment? |
Judgement creditor/applicant Judgement debtor/respondent |
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Does it mean there is always money being owed or involved? |
No it does not. The terms are used for every type of judgement or order. For instance parties to an order of mandamus can be described as judgement creditor and judgement debtor, the former being the party required to carry out the order. |
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What is the judgement debt? |
It is a debt or award or damage and it does not become a judgement debt until the court or judge compels the judgement debtor to pay it. |
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What is an order? |
An order is a written direction or command delivered by the court or judge. |
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Are all judgements enforceable? |
Yes. All must be obeyed and is effective from the date of delivery. |
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What types of judgments will the court enforce? |
order of industrial court arbitration award governed by arbitration act maintenance order |
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different methods of enforcing different kinds of judgements |
money judgement order - Write of FIFA, garnishee proceedings, writ of sequestration judgement for possession of land - writ of possession, writ of sequestration, commital order judgement for delivery of goods - writ of sequestration judgement restraining an act - writ of sequestration against property of the disobedient person |
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What is the validity of a writ of execution? |
one year from date of isse |
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How long does the court have to issue a writ after the judgement is made? |
Two years |
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What periods is execution effected? |
Between 6am and 6pm |
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Who signs the writ? |
the judge and it is enforced by the sheriff and deputy sheriff. Executed by the baillif. |
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Enforcement of judgements between judicial divisions within same state |
the registrar that issues the writ of execution - home court = sends the process for executionto counterpart court in another judicial division called the foreign court. it is accompanied by a warrant in form 11 requesting and authorising the execution in the foreign court. The registrar of the foreign court processes it and issues it as if it were in his court. |
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Enforcement of judgment between states |
The judgement creditor takes a certificate of judgement which is signed and sealed by the registrar and takes to the state of execution. |
