A PAPER ON

ENFORCEMENT OF JUDGMENTS
AND ORDERS

PRESENTED BY

AMAEBI IBOMO ORUKARI, ESQ.

CHIEF REGISTRAR, HIGH COURT OF JUSTICE
BAYELSA STATE

AT THE WORKSHOP ON THE THEME

‘TOWARDS ACHIEVING BETTER
SERVICE DELIVERY IN THE
JUDICIARY’ HELD AT ANDREWS OTUTU
OBASEKI AUDITORIUM OF THE NATIONAL
JUDICIAL INSTITUTE, ABUJA ON
WEDNESDAY, 21ST JUNE, 2023

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 TABLE OF CONTENT
Page

1.0 INTRODUCTION ……………………………………………………………………………………. 1

2.0 DEFINITIONS …………………………………………………………………………………… 1
3.0 COURTS POWER TO ENFORCE JUDGMENT AND ORDERS ………………. 3
4.0 TYPES OF JUDGMENT ……………………………………………………………………………..... 5
4.1 ENFORCEMENT OF JUDGMENTS WITHIN NIGERIA IN A STATE ……………… 6

4.2 ENFORCEMENT OF MONEY JUDGMENT IN A STATE …………………………….. 7

4.2.1 Enforcement of Judgment by Writ of Attachment
and Sale (Fieri Facias) ..………………………………………………………………. 7
4.2.2 Enforcement of Money Judgment by Garnishee Proceedings . …. 10
4.2.3 Enforcement of Money Judgment by Judgment Summons ……….. 13
4.2.4 Enforcement of Money Judgment by payment-by-Instalments .…. 14

4.3 ENFORCEMENT OF PROPERTY JUDGMENT IN THE STATE ……………………. 14

4.3.1 Enforcement of Property Judgment by Recovery of Possession … 14
4.3.2 Enforcement of Property Judgment by Delivery of Goods …………. 16
4.3.3 Enforcement of Property Judgment by Execution of Deed
and Negotiable Instrument: ……………………………………………………….. 16
4.3.4 Enforcement of Property Judgment by Sequestration ………………. 17

4.4 ENFORCEMENT OF JUDGMENTS IN NIGERIA IN ANOTHER STATE ………….. 18

4.5 ENFORCEMENT OF JUDGMENTS OUTSIDE NIGERIA ……………………………… 19
4.6 ENFORCEMENT OF FOREIGN JUDGMENTS IN NIGERIA …………………….…… 19
4.7 ENFORCEMENT OF FOREIGN JUDGMENTS IN NIGERIA BY ACTION ….……. 20
4.8 ENFORCEMENT OF FOREIGN JUDGMENT IN NIGERIA BY REGISTRATION .. 23
4.9 ENFORCEMENT OF LOCAL JUDGMENTS OUTSIDE NIGERIA ………………….… 25
4.10 IRREGULAR (OR WRONGFUL) EXECUTION OF JUDGMENT ……………..….. 27
5.0 CONCLUSION …………………………………………………………………………………………… 29
6.0 BIBLIOGRAPHY ………………………………………………………………………………………….. 29

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1.0 INTRODUCTION:
As in every modern democracy, the Nigerian Constitution, otherwise known as the
Constitution of the Federal Republic of Nigeria 1999 (as amended) (CFRN), divides
governmental functions among three major organs.1 The Legislature is the formal law-
making organ of the government;2 the Executive implements or enforces the law made
by the Legislature,3 while the Judiciary interprets the said law.4 The Judiciary in
interpreting the laws also gives or makes orders, decrees, declarations, direction and
enter judgments for parties before it as part of its adjudicatory duties in the
administration of justice. Some judgments may be required to be enforced either intra
or inter states within Nigeria, while others outside Nigeria. There are different
procedures applicable in each situation, which are not materially the same, and this
paper is meant to navigate through the various modes of enforcing High Courts or
superior court judgments within and outside jurisdiction in order to totally eliminate,
or reduce to the barest minimum, the difficulties encountered by most stakeholders in
the enforcement of judgments, such as the judge, Sheriff (which include Deputy
Sheriff),5 Bailiff, Police, Garnishor (judgment creditor), Judgment debtor, and
Garnishee (third party, such as a bank). However, the posers are, how are the
judgments of High Courts or superior courts enforceable within and outside
jurisdictions. To be more explicit, this paper is discussed under three broad headings,
namely: enforcement of judgments within a State, enforcement of judgement outside
a State in Nigeria and enforcement of judgments outside Nigeria.

2.0 DEFINITIONS:
Judgment : According to Olakanmi, judgment is the official and authentic
decision of a court of justice upon the respective rights and claims of the

1
CFRN, s 4, 5 and 6.
2
Ibid s 4.
3
Ibid s 5.
4
Ibid s 6.
5
Sheriff and Civil Process Act Cap S 6 LFN 2004 (SCP Act), s 19(1).
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parties to an action therein litigated and submitted to its determination; 6
and it disposes all the rights of the parties before the court. 7 In other words,
it is the final decision of the court resolving the dispute and determining the
rights and obligations of the parties. 8 The Supreme Court, in the case of
Okoya v. Santilli, 9 defined judgment and orders in similar terms when it
stated that:

Judgments and orders are usually determinations of

rights in actual circumstances of which the court has
cognizance, and give some particular relief capable of
being enforced.
In the Sheriffs and Civil Processes Act, judgment is defined in relation to
enforceable money or property judgment to the effect that a judgment
includes any judgment or order given or made by a court in a suit whereby
any sum of money is made payable or any person is required to do or not to
do any act or thing other than payment of money. 10 From the above
definitions of judgment, it is clear that a judgment is the final decision of a
court which resolves all issues and determine the rights of the parties before
it.

Enforcement: The term ‘enforcement’ in ‘enforcement of judgment’ is

derived from the verb ‘enforce’, which simply means to give force or effect
to (a law, judgment, and so on); 11 or to compel obedience to (a law,
judgment, and so on); 12 or to compel a person to pay damages for not

6
A Adebanjo, ‘Nigeria: The Procedure for Enforcement of Judgments in Nigeria’ [2021] Olisa Agbakoba
Lega (OAL) 1; J Olakanmi, Civil Procedure Law of Nigeria: Synoptic Guide (1 s t edn Panaf Press 2011)
74.
7
Olakanmi (n 13) 87.
8
Ibid 74.
9
(1990)2 NWLR (Pt.131)172
10
SCP Act, s 95.
11
B A Garner and Ors eds, Black’s Law Dictionary (9 t h ed West Publishing Co 2019) 608.
12
Ibid.
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complying with (a contract). 13 And ‘enforcement’ is the act or process of
compelling compliance with the law, judgment, contract, and so on. 14

Therefore, in this paper, enforcement of judgment simply means the process

of giving effect to the judgment of a Court in order to compel obedience to
its final decision or order, also known as execution of judgment. 15 It is a post
judgment procedure that starts after the conclusion of litigation when the
rights of the parties had been finally determined. The process is primarily to
secure any right acquired from the final judgment.

3.0 COURTS POWER TO ENFORCE JUDGMENT AND ORDERS

The power of courts in judgment enforcement is derived mainly from:
1. The Constitution of the Federal Republic of Nigeria (CFRN) 1999 (as
amended); 16
2. The Sheriff and Civil Process Act 17 (SCP Act),
3. The Judgment Enforcement Rules 18 (JER); and
4. The Enforcement of Judgments and Service of Process Rules . 19
The Nigerian Constitution:

Courts in Nigeria are imbued with the power to enforce judgments and Orders
generally. This is one of the components of the judicial power vested in the court under
Section 6 of the 1999 Constitution. More specifically, Section 6(6)(a) of the Nigerian
Constitution states that:

The judicial powers vested in accordance with the foregoing provisions of this section

13
Ibid.
14
Ibid.
15
Ibid 650; S I Landau and Ors eds, Chambers English Dictionary (7 t h ed W & R Chambers Ltd 1990)
499.
16
CFRN, ss 6(6)(a); 287(1)(2) and (3).
17
Cap S 6 LFN 2004; JER Cap S 6 LFN 2004.
18
JER.
19
Adebanjo (n 13) 3.
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 (a) Shall extend, notwithstanding anything to the contrary in this Constitution, to all
inherent powers and sanctions of a court of law;

Furthermore, Section 287 0f the 1999 Constitution states that:

(1) The decisions of the Supreme Court shall be enforced in any part of the
federation by all authorities and persons, and courts with subordinate
jurisdiction to that of Supreme Court.

(2) The decisions of the Court of Appeal shall be enforced in any part of the
Federation by all authorities and persons, and by Courts with subordinate
jurisdiction to that of the Court of Appeal.

[( (3) The decisions of the Federal High Court, the National Industrial Court, a High
Court and all other courts established by this Constitution shall be enforced in
any part of the Federation by all authorities and persons, and by other courts
of law with subordinate jurisdiction to that of the Federal High Court, the
National Industrial Court, a High Court and those other courts, respectively.

The Sheriff and Civil Processes Act:

The Sheriff and Civil Processes Act20created the office of the Sheriff and all other
officials involved in the enforcement of judgments and orders. The Act also laid down
the procedure for the enforcement of judgments and orders across the country.

The SCPA contains two basic rules that are fundamental to the enforcement of
judgments and orders of courts in Nigeria. These are

1. The Judgment (Enforcement) Rules made under Section 94 and

2. The Enforcement of Judgment and Service of Process Rules, made under Section
74 and 111

While the former provides for the procedure to be followed in enforcement of

judgments and orders of courts generally, the later basically deals with service of
processes across jurisdictions.

Finally, enforcement of judgments and orders across national boundaries is governed

by the Foreign Judgments (Reciprocal Enforcement) Act21

20
See note 25
21
CAP. F35 LFN 2004
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These, together, provide the legal foundation upon which the courts exercise the
power of enforcement of judgments and orders.

4.0 TYPES OF JUDGMENT

For the purpose of enforcement, judgments and orders of courts are divided into two
categories, namely:

1. Judgments that are Executory and,

2. Declaratory Judgments

An executory judgment or order is one with coercive force and declares the respective
rights of the parties and proceeds to order a party to act in a particular way namely to
pay damages, or refrain from interfering with others’ rights, and such order being
enforceable by execution if disobeyed.22

A Declaratory judgment, on the other hand, proclaims the existence of a legal

relationship and do not contain any order which may be enforced against the
losing party. A declaratory judgment is complete in itself since the relief is
the declaration. However, rights recognized in a declaratory judgment will
have to be activated through subsequent proceedings before such can
become executory and enforceable.

In Nigeria, the local judgments of a High Court may be enforced within the
state or in another state within Nigeria. In other words, any local judgment
of a High Court may be enforced within the state in which the judgment is
delivered or in another state other than the state in which the judgment is
delivered. But how is the local judgment of a High Court be enforced within
Nigeria? In other words, the above topic is discussed in two perspectives:
enforcement of judgments within Nigeria in a state, and enforcement of
judgment within Nigeria in another state.

22
Okoya v. Santilli 1990 NWLR (Pt. 131) 172, Ntuks v. N.P.A. (2012) 8NWLR (Pt. 1301)37 CA.
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4.1 ENFORCEMENT OF JUDGMENTS WITHIN NIGERIA IN A STATE

The term ‘state’ as used in the above caption does not mean the country Nigeria, but
any of the 36 states in Nigeria, as well as the Federal Capital Territory, Abuja (FCT).23
So, enforcement of judgment in Nigeria within a state simply means the enforcement
of judgment delivered in one of the 36 states of Nigeria (for example, in Bayelsa State
or Lagos State or Abuja). As has been stated before, execution is the last stage of a suit,
the final process, whereby the winning party reaps the benefit of the judgement in his
favour by obtaining possession of anything adjudged to belong to him by the court. The
judgement so handed down becomes ripe for enforcement where the following
conditions exist:

a) The time for compliance with the judgement is due.

b) The judgement is yet to be satisfied.
c) Moneys are required to be paid or recovered.
d) The judgement requires the transfer, delivery or recovery of possession of
property (real or personal) or require a person to do or abstain from an act.
e) The judgement is not stayed and,
f) Has not become Statute barred.24

When the above conditions are met, the judgement creditor, who is the beneficiary of
the judgement can then set the machinery of enforcement in motion, by submitting a
written application to the judge of the court that delivered the judgement, through the
court registrar. The registrar, under the direction of the judge, will then commence the
preparation of the necessary forms for endorsement by the judge and transmission to
the office of the Deputy Sheriff for execution. It should be noted that in judgment
enforcement, the way a money judgment is enforced is different from the way a
property judgment is enforced within Nigeria. Kolawole (JCA as he then was) in

23
SCP Act, s 95.
24
Afe Babalola SAN; Enforcement of Judgments, AfeBabalola Publishers, 2003 Ed. P. 6 & 7
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Nigerian Army v. Mowarin stated how the various types of judgements could be
enforced as follows:

a) “a judgement for payment of money may be enforced by a Writ of fieri facias,

b) a judgement for possession of land may be enforced by a Writ of possession,
c) a judgement for delivery of goods may be enforced by a Writ of Special delivery
or restitution of their value,
d) a judgement ordering or restraining the doing of an act may be enforced by an
order of committal”25

4.2 ENFORCEMENT OF MONEY JUDGMENT IN A STATE

In relation to money judgments, there are four ways in which they are
enforced, namely: by fieri facias, by garnishee proceedings, by judgment
summons, and by payment- by- installment. 26

4.2.1 Enforcement of Judgment by Writ of Attachment and Sale (Fieri

Facias):
Fieri facias (or fifa) is derived from the Latin phrase fieri facias meaning ‘that you cause
to be done.’ In modern English, however, it simply means a writ of execution which
directs a marshal or sheriff to seize and sell a defendant’s property to satisfy a money
judgment, abbreviated as fifa.27 According to Olakanmi, after delivery of judgment,
every judgment creditor shall apply to the court and obtain a certified true copy (CTC)
of the judgment as prescribed in the format set out in the Second Schedule to the Act
as certificate of judgment,28 which must be registered upon payment of some
prescribed fees, coupled with an affidavit sworn in support of the judgment, which
shall contain the following facts: (a) the amount to issue the process; (b) that there is
none compliance with the terms of the judgment by the judgment debtor; (b) that an

25
(1992) 4 NWLR (Pt. 235) 345
26
Ibid 339-345.
27
Garner and Ors (n 18) 703.
28
SCP Act, s 104; Olakanmi (n 13) 81.
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act ordered to be done as per the judgment of the court remains undone; and (c) that
the person ordered to forbear from doing an act has disobeyed the order. He further
added that, after complying with the above processes, the court shall direct the Sheriff
to issue and serve the writ of fifa on the judgment debtor against the immovable
property of the judgment debtor, which is different from the manner of levying
execution against the movable property of the judgment debtor as provided in the
Act;29 because, in relation to immovable property, the judgment creditor shall, through
his counsel file a motion on notice for execution to be levied against the immovable
property of the judgment debtor, which must be supported by an affidavit, headed
‘Deeds of the Immovable Property’.30

Consequently, the above procedure enables and mandates the Sheriff to seize the
property of the defendant (judgment debtor), and dispose them by auction sale (after
due notice), pay the judgment creditor, and return the balance, if any, to the judgment
debtor. The species of movable property to be attached for purpose of enforcement
include any goods and chattels (except his wearing apparel, and bedding of that person
or his family and the tools and implements of his trade, to the value of ten naira (N10),
which shall, to that extent, be protected from seizure);31 as well as any money, bank-
notes, bill of exchange, promissory notes, bonds, and securities for money belonging
to the judgment debtor.32

In summary, therefore, the proper steps to follow to enforce a money judgment are:

1. Apply for:
(a) A certified true copy (CTC) of the judgment of the court; and
(b) The judgment order of the court.

2. File an application in the court for a writ of attachment as in form 3.

29
SCP Act, ss 20 and 44; Olakanmi (n 13) 82.
30
Olakanmi (n 13) 82.
31
SCP Act, s 25(a).
32
SCP Act, s 25(b).
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 3. The court issues the writ of execution (otherwise known as the writ of
attachment) three days after the judgment.
4. Submit these documents to the Deputy Sheriff’s Office.
5. The judgment creditor deposits sufficient fund in the Deputy Sheriff’s Office for
the enforcement of the judgment.
6. The Deputy Sheriff hires a van to convey property attached and also applies for
police security.

7. The Deputy Sheriff hands over the writ of attachment to the bailiff who leads
the team (policemen and any other officer(s) in the Deputy Sheriff’s Office to
the premises of the judgment debtor.
8. The movable property of the judgment debtor is identified in the premises.
9. The identified property is seized and transported to the court premises and
stored.
10. At least four days’ notice be given to the public before auction sale of the seized
property.
11. The seized property is sold by auction to the highest bidder, the judgment
creditor is settled, and the balance, if any, is refunded to the judgment debtor.
In respect of item 8 above, the Court of Appeal, while interpreting section 44 of the
Sheriffs and Civil Process Act vis-à-vis sections 2 and 19 thereof, stressed the
requirement of due diligent search to ascertain that goods attached belongs to the
judgment debtor.33 And in respect of item 10, the seized goods shall not be sold until
after 5 days following the day the goods are seized,34 unless perishable goods;35 or the
judgment debtor so requests in writing;36 or the court directs any sale to be postponed
for not more than 28 days;37 and every sale shall be between the hour of 7 am and 8
pm,38 after, at least, four days’ notice, prior to the sale.39

33
SCP Act, ss 44, 2 and 19; Michael v Okechukwu (2015) LPELR – 40873 (CS).
34
Ibid, s 29(1).
35
Ibid, s 29(1)(a).
36
Ibid, s 29(1)(b).
37
Ibid, Proviso 2 to s 29(1).
38
Ibid, s 29(3).
39
Ibid, s 29(3).
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Further, when there is more than one judgment debtor in a judgment, the judgment
creditor has discretion to proceed against any of them to reap the fruit of his
judgment.40

Finally, where the amount realized from the auction sale of the movable goods is not
enough to settle the judgment creditor, another application would be made to the
court to attach the immovable property of the judgment debtor, and the writ of fifa
will be applied and issued against the immovable property of the judgment debtor only
if his movable property within jurisdiction is insufficient to satisfy the judgment debt;41
and the application for same must be supported by an affidavit stating the following
facts:

a. Steps already taken to enforce the movable property, and the effect;
b. Sum of money due the judgment creditor;
c. That the movable property is insufficient to settle the amount due the judgment
creditor (or that none sufficient to satisfy the judgment debt can with reasonable
diligent be found);42 and
d. Proof of ownership of the immovable property to be attached.

Conclusively, once this application is granted and the movable property is attached,
the Sheriff will take steps to dispose the property by auction, settle the judgment
creditor and refund the balance, if any, to the judgment debtor. Here ends the
enforcement of money judgment employing the fifa method.

The next method of enforcement of money judgment is by garnishee proceedings.

4.2.2 Enforcement of Money Judgment by Garnishee Proceedings:

Garnishee proceedings is the second method of enforcement of money judgment by
which the money (debt) of the judgment debtor in the hand of a third party (usually a

40
Mucas Hospital Ltd v Fasuyi (2004) 8 NWLR (Pt.874) 67 (CA).
41
SCP Act, s 44.
42
JER O. 1V r. 16.
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bank), is attached and paid to the judgment creditor. In a garnishee proceedings, the
judgment creditor is called the garnishor, the defendant is called the judgment debtor,
and the third-party (for example, a bank) is called the garnishee, and this proceedings
can only be commenced if the garnishee is actually indebted to the garnishor in the
state in which the proceedings are brought;43 and the court must also be one the
garnishor would be able to commence an action to recover the debt through a
garnishee proceeding.44 The law is that, the money (debt) in the third party (bank) that
is attachable must be money due, and not future money,45 and according to Ojukwu, it
is not every debt that can be attached through garnishee proceedings, but only money
due and payable, such as a present debt, and so salary and rent due and money in the
bank, but not a future debt. Thus, he strongly opined that unliquidated insurance policy
is unattachable46 by garnishee proceedings.47 The application is filed by the garnishor
or his counsel on his behalf by an ex parte motion, supported by an affidavit, before
the court, which must be served at least 14 days before hearing.48 The court will first
grant an order nisi, and the service of same on the garnishee automatically attaches
the money (debt) in the hand of garnishee, who pays into the court within 8 days the
amount alleged to be paid as well as the costs of the proceedings.49 Nevertheless,
where the garnishee disputes the debt on the return date, the garnishee appears in
court to show cause why he should not pay the money (debt), otherwise the court
makes the order absolute; and once the order is so made absolute, execution may be
levied against the garnishee by writ of fifa if the garnishee fails to pay the money
(debt).50

43
SCP Act, s 84.
44
JER, O. 8 r. 2(a).
45
SCP Act, s 85.
46
Ojukwu and Ojukwu (n 10) 341.
47
Ibid.
48
SCP Act, s 83.
49
Olakanmi (n 13) 342, 343.
50
UBA Plc v Boney Marcus Ind Ltd (2005) 13 NWLR (Pt. 943) 654.
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In summary, therefore, the proper steps to follow to enforce a money judgment by
garnishee proceedings are:

1. File a Motion Ex parte supported by an affidavit stating the following facts:

(a) The name, address, and account of the creditor and the bank where the
account is domiciled;
(b) The date of the judgment;
(c) That the debt is wholly unpaid;
(d) That the garnishee is owing the judgment debtor;
(e) The amount owed the judgment debtor by the garnishee;
(f) That the court has jurisdiction to entertain the proceedings;51 and
(g) The CTC of the judgment if proceedings is filed in another court.52
2. Apply for a CTC of the order (nisi) of the Court as in Form 2653 (which orders the
bank (garnishee) to appear in court and show cause.
3. Service of the order nisi on the Garnishee and debtor.
4. If garnishee disputes the debt, it files a counter affidavit stating its defence, and
after hearing the matter, if the garnishee is actually owing the judgment debtor,
the order nisi is made order absolute.
5. Upon making the order absolute, if the garnishee refuses to pay the judgment
creditor, the Sheriff will levy execution by fifa.
These are the steps to be followed to enforce money judgment by garnishee
proceedings.

Generally, although, a garnishor can levy execution against anybody, including

government,54 yet the Act also provides that, the consent of the Attorney-General is
required before a garnishee proceedings can be commenced against money in the
custody of public officer;55 and in Onjewu v KSMCI,56 the court held that the provisions
of section 84(1) of the SCP Act, which requires the consent of the AG before a garnishee

51
SCP Act, First Schedule Form 25.
52
SCP Act, s 84.
53
Ibid, First Schedule, Form 26.
54
Government of Akwa Ibom State v Powercom Nig Ltd (2004) 6 NWLR (Pt. 868) 202.
55
SCP Act, s 84(1).
56
(2003) 10 NWLR (Pt. 827) 40 (CA).
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proceedings can be instituted against money in the custody of public officer was not
inconsistent with the provisions of the 1999 Constitution.57

4.2.3 Enforcement of Money Judgment by Judgment Summons

Generally, a writ of summons is a writ by which, under the Judicature Act58, all actions
were commenced under common law.59 However, in relation to execution of
judgment, a judgment summons is the method of enforcement of money judgment by
application to the court for a writ of summons as in Form 13;60 which is only issued
where a debtor is unable to comply with the terms of the judgment on ground of
poverty. To confirm his impecuniosity, the creditor applies to the court to issue a
judgment summons in order to examine the judgment debtor on oath as to his means
of survival and the court issues the summons against him where it finds that the
judgment debtor has the means to pay the judgment creditor the judgment debt; and
upon issuing the same, the court may commit the debtor to prison for not more than
6 weeks, if the investigation actually shows that he has the means to pay up the money
(debt), but refuses to do so.61 In other words, upon examining the judgment debtor of
his means, and the court finds that the debtor has the means to pay, it may make any
of the following orders:

a. An order committing the judgment debtor to prison custody for not less than six
weeks upon his refusal to pay the debt owed the judgment creditor; or
b. An order attaching and selling the property of the judgment debtor; or
c. An order paying up the debt owed the judgment creditor by installment; or
d. An order discharging the judgment debtor from prison custody upon paying up
the debt.

57
Ojukwu and Ojukwu (n 10) 342.
58
Judicature Act of 1873/75.
59
Garner and Ors (n 18) 1751.
60
SCP Act, First Schedule, Form 13.
61
Olakanmi (n 13) 82.
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However, the next method of enforcement of money judgment apart from the use of
fifa, or garnishee proceedings, or judgment summons, is by payment-by-instalments.

4.2.4 Method of Enforcement of Money Judgment by payment-by-Instalments

Instalmental payment is the method of enforcement of money judgment by an
application to the court by the judgment debtor to pay the judgment debt in
instalments. The application is made after a money judgment is delivered by a Motion
on Notice62 praying the court to grant an order to pay the judgment debt by
instalment.63 And this method is most appropriate where the judgment debtor has the
means and is willing to pay the debt, but does not have sufficient means to pay up
same in bulk. This method is also used to prevent levying execution by fifa where, after
judgment, the judgment debtor is willing to pay the debt, but does not have the means
to pay up same at once.64 And once this application is granted, execution is stayed
automatically, unless the order is set aside upon some good ground(s).65 However,
under the Uniform Rules, this order could be applied for and made either immediately
after delivery of the judgment in court, or at any time thereafter, which may be set
aside upon sufficient reason at any time.66

4.3 ENFORCEMENT OF PROPERTY JUDGMENT IN THE STATE

As in monetary judgments, property judgments are also enforceable within the state
in four different ways, namely: by recovery of possession, by delivery of goods, by
enforcement of deeds and negotiable instrument, and by sequestration

4.3.1 Enforcement of Property Judgment by Recovery of Possession:

62
SCP Act, s xxx.
63
ACB Ltd v Dominico Builders Co Ltd (1992) 2 NWLR (Pt.223) 296, 297 R.2 and 3 (SC).
64
Ojukwu and Ojukwu (n 10) 344.
65
Ibid.
66
ACB Ltd v Dominico Builders Ltd (1992) 2 NWLR (Pt. 223) 296; O. 39 r 8 of the High Court of the Federal Capital
Territory, Abuja (Civil Procedure) Rules 2018, O. 39 r 4.
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In money judgment, the judgment is enforced to recover money (debt), while in
property judgement, the judgment is enforced to recover land,67 and this is done either
by a writ of possession or warrant of possession addressed to the Sheriff.68 In other
words, this method of enforcement of property judgment empowers the plaintiff to
recover or take over possession of land, other than in an action between landlord and
tenant, by order of court known as writ or warrant of possession, addressed to the
Sheriff.69 The writ of possession, also known as warrant of possession, is similar to that
in the Recovery of Premises Law of a state.70 An application for a writ of delivery or writ
or warrant of possession shall be made by filing a praecipe in Form 3;71 however, where
the same writ is to be levied upon immovable property, the same shall be made under
rule 16 of Order IV of the Judgment Enforcement Rules;72 and the writ shall be issued
14 days after judgment. In the SCP Act, the application is made by filing a praecipe in
Form 3;73 and it is by the same writ that, execution is levied upon movable property.
However, here an application by motion is directed to the High Court;74 and no writ of
possession shall be issued until after the day the defendant is ordered to give up
possession, or if no date is given then after the expiration of 14 days from the date of
judgment.75

In summary, the proper steps to follow to enforce a property judgment are as follows:

1. Apply for:
(a) A certified true copy (CTC) of the judgment to be enforced from the court that
delivered the judgment; and
(b) A CTC of the order of the judgment to be enforced.
2. Apply for a warrant of possession on the immovable property of the defendant.

67
Garner and Ors (n 18) 1750.
68
Ojukwu and Ojukwu (n 10) 344.
69
JER, O. XI r 5.
70
Recovery of Premises Law Cap R1 Laws of Bayelsa State 2006 (For example).
71
JER, O. XI R 7.
72
JER, O. r 7.
73
SCP Act, First Schedule.
74
JER, O. XI.
75
Ojukwu and Ojukwu (n 10) 344.
Page | 15
 3. Submit these items (documents) to the Sheriff’ for necessary action;
4. If the land to be enforced is a virgin forest, however, also apply for Police security
or coverage.
5. Engage the services of a licensed (or registered) surveyor to survey and demarcate
the land.
6. After the survey, erect a bill board on each of the four corners of the land, and
write boldly on each of them in black and white colour, thus: POSSESSION IS TAKEN
BY ORUKARI ASUKU IN SUIT NUMBER YHC/CS234/2034. However, where the
property to be taken possession of is not a vacant land, but a building, then only
one bill board is sufficient, instead of four.
7. Then, take photographs of the bill board(s).
8. Publish the content of the billboard; and
9. Finally, put the publication in the office file, which marks the end of execution or
enforcement of property judgment.
The next method of enforcement of property judgment is by delivery of goods.

4.3.2 Enforcement of Property Judgment by Delivery of Goods:

This is the method of enforcement of judgment by handing over possession of property
(goods) in the possession of the defendant to another by order of court known as the
writ of delivery. In other words, a judgment for the delivery of goods shall be enforced
by a writ of delivery in Form 67 or 68;76 followed by the court issuing the writ of delivery
to the Sheriff to seize the goods of the defendants and deliver same to the plaintiff. As
in other cases, the CTCs of the judgment and judgment order must also be secured to
be handed over to the Sheriff along with the writ of delivery upon being issued by the
court.

4.3.3 Enforcement of Property Judgment by Execution of Deed and Negotiable

Instrument:

76
JER, O XI r 4.
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Simply, a deed is an agreement between two parties under seal; while a negotiable
instrument is any writing that promises or orders the payment of a fixed amount of
money, such as a draft or cheque. At times a party to a legal instrument may
deliberately refuse to prepare it and or sign such instrument which may become a
subject of litigation. In such situation, this method may be used to enforce the
judgment where the judgment is delivered in favour of the plaintiff. The court may
upon application on notice settle the deed itself or name a legal practitioner to prepare
the deed or sign same through this method. The application, as usual, for a writ of
execution of a deed or negotiable instrument is made to the court as prescribed in
Form 3 of the SCP Act. To issue a writ to execute a deed or negotiable instrument has
the same effect as if both parties have actually signed the deed, once issued by the
court.77

4.3.4 Enforcement of Property Judgment by Sequestration

Writ of sequestration is a writ by which a court orders the plaintiff to take over custody
of something, such as the collateral for a promissory note. Usually, according to Garner,
such a writ is issued during litigation, so that the object will be available for attachment
or execution after the judgment.78 Sequestration is the method of enforcing a
judgment involving both movable and immovable property. When a warrant of arrest
is issued and the defendant is not found, or is detained for not obeying the judgment,
a court may make an order that a writ of sequestration be issued against his property,
and the writ shall be issued and executed in the prescribed manner.79 The application
for a writ of sequestration is brought by a Motion on Notice, supported by an affidavit;
and the order is issued to not less than two commissioners (Sheriffs) to seize goods and

77
JER, O. 11 r 11.
78
Garner and Ors (n 10) 1750.
79
SCP Act, s 82; Adebanjo (n 13) 1.
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keep all property, profit, rents of immovable property till the defendant purges himself
of the contempt.80

It must be noted that all processes like warrant of arrest, judgment summons or
summons for garnishee proceedings which merely requires a person summoned to
appear before a court, may be issued in one state and served in another state.81 But
how is a judgment given in one state of Nigeria enforced in another state?

4.4 ENFORCEMENT OF JUDGMENTS IN NIGERIA IN ANOTHER STATE

Generally, the judgment of every superior court can be enforced in any state, and every
plaintiff has the right to enforce his or her judgment.82 Also, a judgment given in one
state can be enforced in another state,83 because the Constitution provides for the
enforcement of the decisions of the Supreme Court, Court of Appeal, the Federal High
Court, Sate High Court, and other courts created by the CFRN in any part of the
Federation by all authorities and persons, and by all courts.84 Execution of judgments,
orders and other decisions of any court in Nigeria, except courts created by a State
House of Assembly, is a federal matter governed by the SCP Act and the JER, because
the same is an item in the exclusive legislative list.85 The Act provides that the execution
of a judgment of one state in another state is by registration of the judgment in the
state where it is sought to be enforced through the following steps:

a. Apply and obtain from the Registrar of that court a Judgment Certificate as
prescribed in the Form in the 2nd Schedule to the Act;86
b. The Certificate of Judgment must be signed and sealed by the Registrar of that
court within the state;87

80
Ojukwu and Ojukwu (n 10).
81
SCP Act, ss 96; F Nwadialo, Civil Procedure in Nigeria (2nd edn University of Lagos Press 2000) 1040.
82
CFRN, s 287.
83
SCP Act, ss 104-110.
84
SCP Act, ss 104 and 105, and the JER.
85
CFRN, Part I of the Second Schedule, Item 57 of the Exclusive Legislative List.
86
SCP Act, s 104.
87
Nwadialo (n 89) 1040.
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 c. The judgment creditor, his counsel or agent takes the certificate to the registrar
of the court in the other state having similar jurisdiction;88
d. The registrar of the court in the state of execution registers the certificate by
entering its particulars in a book kept in the registry of the court called ‘The
Nigerian Register of Judgments’, which automatically becomes the record of the
registering court, having same effect as a judgment delivered by that court.89
e. File an affidavit in support of the said Certificate of Judgment stating:
(i) the amount to be paid, but remains unpaid;
(ii) that an act ordered to be done remains undone; or
(iii) that the person ordered to forbear from doing an act has disobeyed the
order.90
f. Attach the affidavit to the Certificate of Judgment;91
g. The Registrar or any other officer of the court shall register and enter particulars
of the same in a Book called ‘The Nigerian Register of Judgments.92
h. Then the registrar issues the appropriate process and proceeds to enforce the
judgment through any of the methods for the enforcement of judgment in that
state.93
i. The Registrar of that state issues a report under the seal of the court (showing
whether the judgment is totally or partially executed and sends same to the state
that issues the Certificate of Judgment).94
4.5 ENFORCEMENT OF JUDGMENTS OUTSIDE NIGERIA
This topic will be treated in two perspectives, namely: enforcement of foreign
judgments in Nigeria, and enforcement of local judgments outside Nigeria.

4.6 ENFORCEMENT OF FOREIGN JUDGMENTS IN NIGERIA

Enforcement of foreign judgments in Nigeria is governed by the Foreign Judgment
(Reciprocal Enforcement) Act,95 which is a reciprocal legislation, as well as Part VII of
the SCP Act, which applies throughout the country.96 In other words, for a judgment in

88
Nwadialo (n 89) 1040-1041.
89
SCP Act, ss 105 and 108.
90
Ibid, s 107.
91
Ibid, s 104.
92
Ibid, s 105.
93
Ibid, s 110.
94
Electrical and Mechanical Construction Co Ltd v Total Nigeria (1972) 1 All NLR (Pt. 2) 293.
95
No. 31 o 1960 (which came into force on 1 st February 1961 by Legal Notice No. 56 of 1961).
96
SCP Act, ss 95-110.
Page | 19
one country to be enforced in Nigeria or vice versa, there must be reciprocity of laws
between them.97 And a reciprocal legislation simply means that both states (countries),
the one the judgement is delivered, and the one the judgment is to be enforced, have
similar legislations on the enforcement of foreign judgments; and only the final and
conclusive judgments are enforceable98 (whether on appeal or appealable99). The
judgments must also be those of superior courts only;100 and they must be enforced
within a period of six years from the date of judgment or the last judgment on
appeal.101

According to the Ojukwus, in Anglo-Nigerian law, there are only two modes for the
execution of foreign judgments in Nigeria, namely: enforcement by action; and
enforcement by registration.102

4.7 ENFORCEMENT OF FOREIGN JUDGMENTS IN NIGERIA BY ACTION

Enforcement by action, also known as enforcement by action at common law,
is applicable in Nigeria through the Received English Law, one of which is the
common law of England. At common law, a judgment creditor cannot enforce
a foreign judgment directly in Nigeria, but indirectly by commen cing an
action on the foreign judgment in Nigeria. Generally, a matter that is finally
decided by a court, in this case, the judgment of a superior court, cannot be
re-litigated in a court of law, because such a re-litigation would be barred by
a plea of res judicata. However, for the purpose of enforcement of foreign
judgments within our jurisdiction, the judgment to be enforced merely
creates a fresh cause of action, which does not require introducing evidence
through witnesses again. The judgment creditor would simply apply to the

97
Foreign Judgment (Regional Enforcement) Act 1960, s 12.
98
Ibid, s 32.
99
Nwadialo (n 89) 1043.
100
Foreign Judgment (Regional Enforcement) Act 1960, s 3 in Part 1.
101
Nwadialo (n 89) 1043.
102
Ojukwu and Ojukwu (n 10).
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court by a motion on notice for a summary judgment to enable him enforce
the foreign judgment in his favour.

A summary judgment in this case is a judgment granted on a claim or defence

of a party in which there is no genuine issue of material fact upon which the
movant is entitled to prevail as a matter of law . It is just a procedural device
which promotes speedy dispensation of justice without the need for trial. 103
The court only considers the contents of the affidavit attached to a motion
on notice to enter judgment in favour of the plaintiff or defendant . 104 The
ground upon which this application is brought is that the defendant has no
defence under the summary judgment procedure as in Lagos; 105 or under the
Undefended List Procedure as in Abuja. 106 Where the application for summary
judgment is granted, the defendant will not be allowed to defend the matter
at all. 107 However, for a foreign judgment to be enforced or be given
recognition, the same must satisfy the following conditions:

(a) It must be a final and conclusive judgment; and

(b) It must be given by a court of competent jurisdiction. 108

This is so because, the court in which the application is m ade may refuse to
enforce the said judgment if it finds out, even suo motu, that the foreign
court lacks jurisdiction to entertain and determine the matter for which
judgment is entered. 109 And the competence of the foreign court is
determined according to the Nigerian rules of conflict of laws. Nevertheless,

103
Garner and Ors (n 18) 1573.
104
Ibid.
105
Lagos State High Court (Civil Procedure) Rules, O. 11.
106
Abuja High Court (Civil Procedure) Rules. O. 21.
107
SCP Act, 107.
108
Nwadialo (n 89) 1044.
109
Penock Ltd v Hotel Presidential Ltd (1980) 12 SC 1.
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the foreign court will be deemed to have jurisdiction in any of the following
situations:

i. Where the decision is in personam and the writ was served on the
judgment debtor as a resident or while within jurisdiction, or he
submitted to its jurisdiction, and the judgment is for a definite sum of
money, except judgments to recover taxes or charges , and penalties
or fines, which are unenforceable.

ii. Where the decision is in rem, the same will not be enforced because
the plaintiff is not entitled to extra territorial recognition unless when
the judgment was delivered, the res litigiosa was situate in the country
where the court sat.

However, the plaintiff is not automatically entitled to judgment upon

satisfying the above conditions as the defendant has some defences at his
disposal to successfully challenge such an enforcement, to wit:

(i) That the judgment debtor did not receive the processes served on him
in time and so he had insufficient notice to enable him appear and
defend the proceedings. 110
(ii) That the foreign judgment is obtained by fraud. 111
(iii) That the foreign decision is contrary to public policy of Nigeria.
112
(iv) That the judgment was obtained in breach of natural justice.

In conclusion, the above steps constitute the procedure to enforce foreign judgment
within Nigeria, and once the application on notice to enforce the same judgment by
action is granted, the judgment creditor is at liberty to go ahead and enforce such
foreign judgment in Nigeria as entered in Nigeria.

110
Nwadialo (n 89) 1044.
111
SCP Act, 107.
112
Ojukwu and Ojukwu (n 89) 350.
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4.8 ENFORCEMENT OF FOREIGN JUDGMENT IN NIGERIA BY REGISTRATION
This is a statutory procedure, and so, the foreign judgment that can be enforced by
registration is any country’s judgment recognized, and given reciprocal treatment
under the Nigeria Foreign Judgments (Reciprocal Enforcement) Act, for the Act
provides that:

‘No Proceedings for the recovery of a sum payable under

a foreign judgment, being a judgment to which this Part
of this Act applies, other than proceedin gs by way of
registration of the judgment, shall be entertained by any
court in Nigeria.’ 113

Thus, in Mamaiah v. A B Petroleum Inc.,114 the court held that, a foreign judgment can
only be enforced in Nigeria after same has been registered. And this mode of
enforcement of foreign judgment under the Act in Nigeria is also known as registration
of foreign judgment under statute.115

By this procedure, a foreign judgment can only be enforced in any High Court
in Nigeria under the Act, not by the general High Court (Civil Procedure)
Rules. Also, the judgment must be one of a superior court, and the judgment
debt must be one payable under a sum of money, except taxes or other
charges, and fine or other penalties, and the judgment must be a final and
conclusive one; 116 and such judgment is deemed final and conclusive even
though an appeal is pending, or the same appealable.

Apart from the above, some other conditions which favour enforcement of
foreign judgments by registration are:

113
Foreign Judgments (Reciprocal Enforcement) Act, s 8.
114
(2000) 1 SCNQR 348.
115
Toepfer v Edokpolor (1965) All NLR 307.
116
Ojukwu and Ojukwu (n 10) 350-351.
Page | 23
 a. There must be reciprocity to the effect that only foreign judgments of
countries scheduled in an order of the Minister of Justice in Nigeria as
being countries deemed to extend similar reciprocal treatments to
Nigerian judgments can be enforced under statute. 117 For example,
countries grouped under the Commonwealth which includes any of the
British Protectorates or Protected States or any of the countries under
the Mandate of the League of Nations, or Trusteeship of the United
Nations fall within this category. 118

b. Limitation period to the effect that any foreign judgment to be

enforced must be one delivered within six years after the date of the
judgment or last appeal.

The application for enforcement of such judgment in Nigeria is by a Motion on Notice

to register the judgment in Nigeria, which must be supported by an affidavit; and once
this application is granted and the judgment is registered, the same becomes
enforceable in Nigeria. But what is the effect of registering a foreign judgment in
Nigeria?

The effect of registering a foreign judgment in Nigeria is that, once

registered, the judgment has the same effect as a local judgment obtained in
Nigeria. 119 It must be noted that registration of foreign judgment only confers
jurisdiction on the High Court for the purposes of executi on only, and the
court cannot entertain any other application such as an application for
payment for instalment. 120 Furthermore, the local court which has power to
enforce foreign judgment in Nigeria is the High Court, which also has control
over the execution of registered judgments as well as the sum and any

117
Foreign Judgments (Reciprocal Enforcement) Act, s 3.
118
Ibid, s 19.
119
Ojukwu and Ojukwu (n 10) 352.
120
Goodchild v Onwuka (1961) 5 ENLR 1; (1961) All NLR 172.
Page | 24
interest which by the law of the foreign court becomes due under the foreign
judgment, and the reasonable costs of registration, including the cost of
obtaining the CTC of the judgment from the foreign court. 121 But what is the
limitation of enforcing a foreign judgment in Nigeria?

Indeed, some foreign judgments cannot be enforced in Nigeria, and such judgments
include: judgment that is wholly satisfied prior to registration; or judgment that cannot
be enforced by execution in the foreign court; or judgment to recover taxes, charges,
fines or penalties (which are unenforceable).122 But how can such registration be
challenged and set aside successfully?

Indeed, such registration may be challenged and set aside upon the following grounds:

(a) That the Act 123 has not been complied with; or
(b) That the original court has no jurisdiction; 124 or
(c) That the judgment was obtained by fraud; 125 or
(d) That the enforcement of the judgment will be contrary to public policy
in Nigeria; or
(e) That the rights under the judgment are not vested in the person by
whom the application for registration was made; or
(f) That the matter was ordinarily res judicata before the judgment sought
to be enforced in Nigeria was procured.

These are the grounds upon which the registration of foreign judgments in Nigeria may
be challenged and set aside successfully through an application on notice.

4.9 METHOD OF ENFORCEMENT OF LOCAL JUDGMENTS OUTSIDE NIGERIA

121
Ojukwu, ‘Enforcing Foreign Judgments in Nigeria’ [1996] (21)(4) International Legal Practitioner 131-132, in E
Ojukwu and C N Ojukwu, Introduction to Civil Procedure (3rd edn Helen-Robert Limited) 353.
122
Ojukwu and Ojukwu (n 10) 352.
123
Foreign Judgment (Reciprocal Enforcement) Act 1960.
124
Ibid, s 6(2) and (3).
125
Ibid, s 6.
Page | 25
As in the case of enforcement of foreign judgment in Nigeria, there must also be a
reciprocal law for such enforcement to become feasible under the Act,126 Part I of
which applies to the United Kingdom and most Commonwealth countries. However, it
is only a judgment of a High Court or any superior court in Nigeria that can be enforced
outside Nigeria under the Act; and only a liquidated sum or money payable is
enforceable, not money payable as taxes or charges and fine or penalty.127 The
applicable reciprocal law in Nigeria include the Reciprocal Enforcement of Judgment
Ordinance,128 which was saved by the Foreign Judgment (Reciprocal Enforcement)
Act.129 The said Ordinance embodies some relevant rules,130 which have been held by
the Court of Appeal to be in force, even though it was omitted by the Laws of the
Federation of Nigeria when same were edited in 1990.131 By these applicable laws, the
proper procedure to enforce a local judgment abroad is by filing a motion on notice in
the High Court, supported by affidavit in a Nigerian court to issue: (a) CTC of the
judgment; and (b) a certificate of judgment (containing the particulars of the action,
cause of action, rate of interest payable under the judgment, and paying all fees fixed
by the rules of the High Court concerning the application.132 Upon granting the motion,
the court issues a certified copy of the judgment as well as the said certificate of
judgment, which the creditor takes to the foreign country where he desires to enforce
the judgment as prescribed or stipulated by the law and rules over there. Nevertheless,
this application should not be made where execution is stayed pending an appeal, or
for any other reason.133 And this is the simple procedure by which the judgment of a
High Court in Nigeria may be enforced abroad.

126
Foreign Judgment (Reciprocal Enforcement) Act, Part I.
127
Nwadialo (n 89) 1045.
128
Cap 175 LFN 1958.
129
Foreign Judgment (Reciprocal Enforcement) Act, s 9.
130
Reciprocal Enforcement of Judgment Rules.
131
Mercantile Group (Europe) A G v Victor Aiyela in Suit No.CA/L/38/92, delivered on 1st July, 1996, in Ojukwu and
Ojukwu (n 10) 353.
132
Foreign Judgment (Reciprocal Enforcement) Act, s 13.
133
Ibid, s 13.
Page | 26
4.10 IRREGULAR (OR WRONGFUL) EXECUTION OF JUDGMENT
A judgment of a court is the final decision which resolves all the rights of parties and
the issues raised in a case before the court; and it takes effect from the date of
judgment and remains in force and subsists until set aside by the trial court;134 or on
appeal. Where a judgment is delivered and the judgment debtor fails, refuses or
neglects to comply with the judgment, the judgment creditor may apply to the court
for enforcement of the judgment. Enforcement or execution of judgment simply means
giving effect to a judgment or an order of court.135 Sometimes, in enforcing or executing
a judgment, the same may be irregularly or wrongfully executed. The term irregular or
irregularity is not specifically defined in the Act or rules governing enforcement.
However, irregularity has been defined by the court to mean non-compliance or failure
to comply with the rules.136 Therefore, an irregularity or irregular execution of
judgment is one that fails to comply with the proper procedure prescribed in the rules;
and the effect of an irregularity or irregular execution of judgment is to set aside the
sale and refund the purchase money to the purchaser with or without interest.137

Although, an irregular or wrongful execution can be challenged,138 yet it is not every

non-compliance with the mode of execution that can lead to setting aside a sale. There
must be material irregularity in the conduct of the sale for it to be set aside.139 What
amounts to material irregularity is not defined in the Act also. However, in Akpunonu
v. Beckaert Overseas,140 the court held that to set aside an auction sale, the applicant
must prove that there were irregularities in the conduct of the sale, and that the

134
Obi v Obi (2004) All FWL (Pt. 224) 2081 at 2083 R.3.
135
Nigerian Breweries Plc v Dumuje (2016) 8 NWLR (Pt. 1515) 532 (CA).
136
Saleh v Monguno (2002) FWLR (Pt. 89) 671 at 675-676 R.10; Bayelsa State High Court (Civil Procedure) Rules 2010,
O. 5 R.1 (1) & (2).
137
SCP Act, s 47; Salawu v Adebanke (2010) 4 NWLR (Pt. 1185) 456 (CA).
138
Ibid, s 47; Ndefo v Obiese (2001) FWLR (Pt. 33) 1759 at 1763 R.8; Sanyanwo v Akinyemi (2002) FWLR (Pt. 104) 592
at 600 R.11.
139
SCP Act, s 47.
140
(1995) 5 NWLR (Pt.393) 42 @ 46 R.5 (P.72, para. D) (CA).
Page | 27
applicant sustained substantial injury by reason of the irregularity.141 The implication
of this judicial pronouncement is that, for an irregularity to be material, it must be one
that occasioned substantial injury to the applicant. An application to set aside sale, for
example, of immovable property, must be made within 21 days after the sale; the
applicant shall prove to the satisfaction of the court that he has sustained injury by
reason of such irregularity.142

However, where there is no such application filed pursuant to section 47 of the Act,
the sale shall be deemed absolute;143 and the court shall issue to the purchaser a
certificate of title to the effect that he has purchased the right, title and interest of the
judgment debtor in the sold property, and the same shall be deemed a valid transfer
of such right, title and interest.144 Nevertheless, where the said application is made and
the objection is refused, the court shall make an order confirming the sale; but where
the objection is sustained the court shall make an order setting aside the sale on
ground of material irregularity.145 Furthermore, where the sale is set aside, the
purchaser shall be entitled to receive any money deposited or paid on the sale, with or
without interest, to be paid by the party in any manner directed by the court.146

Finally, in Adesina v. Akinremi,147 the court distinguished between a wrongful

execution and irregular issue of a writ of attachment to the effect that, a wrongful
execution is a trespass, and generally presumes that the writ was regularly issued, but
that its execution was neither authorized nor justified by the writ nor the judgment
under which it was issued; whereas an irregular issue of a writ of attachment is where

141
Cole v Jibunoh (2016) 4 NWLR (Pt. 1503) 499 (SC); Akpunonu v Bekaert Overseas (1995) 5 NWLR (Pt.393) 42
(CA).
142
SCP Act, s 47; Salawu v Adebanke (2010) 4 NWLR (Pt. 1185) 456 (CA); Kachalla v Banki (2001) 10 NWLR (Pt.
721) 442 (CA).
143
SCP Act, s 48.
144
Ibid, s 50.
145
SCP Act, s 48.
146
Ibid, s 49.
147
(1970) All NLR 559.
Page | 28
the writ ought not to have been issued in the first place because the requirement of
the rules of court or of practice for the time being have not been complied with.

5.0 CONCLUSION
This paper has treated the concept of enforcement of judgments of the High Court, in
two distinct perspectives: enforcement of judgment in Nigeria and enforcement of
judgment outside Nigeria. Under the first sub-heading, the various modes for the
enforcement of money and property judgments, both intra and inter states
enforcements modes, were discussed while enforcement of judgements across
national boundaries was examined under the second sub-heading. And with these
brief explanations on the concept of enforcement of judgment, within and outside
Nigeria, generally, it is hoped that the knowledge gained will translate to the
enhancement of speedy justice delivery in practical terms. Once more, I thank the
organizers for the wonderful opportunity to be part of this exercise. May God bless you
all.

6.0 BIBLIOGRAPHY
Text Books:
Chukwu I, Steps to Enforce Court Judgments in Nigeria (C Ushie & Associates
2015).

Nwadialo F, Civil Procedure in Nigeria (2 nd edn University of Lagos Press 2000)

1040.

Ojukwu E and Ojukwu C N, Introduction to Civil Procedure (3 rd edn Helen-

Robert Limited).

Olakanmi J, Civil Procedure Law of Nigeria: Synoptic Guide (1 st edn Panaf

Press 2011) 74.

Reference Materials:
Garner B A and Ors eds, Black’s Law Dictionary (9 th ed West Publishing Co
2019) 608.
Page | 29
Landau S I and Ors eds, Chambers English Dictionary (7 th ed W & R Chambers
Ltd 1990) 499.

Journals:

Adebanjo A, ‘Nigeria: The Procedure for Enforcement of Judgments in

Nigeria’ [2021] Olisa Agbakoba Lega (OAL) 1.

Ojukwu E, ‘Enforcing Foreign Judgments in Nigeria’ [1996] (21)(4)

International Legal Practitioner 131-132.

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