©2000-2021 ITHAKA. 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 … Where he refuses to comply with the order or deny liability, the Court upon proof of service may order that execution be levied against him, or order trial, if found liable, then execution will be levied against him if otherwise, he will be discharged. Journal of African Law Rule 1 – Bringing in Judgment etc. with the court, and these documents (known as pleadings) are served on you. The summons can be either in Form 14 or 15. 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 days’ notice must be given to him specifying the goods taken and intended to be sold and a purchaser acquire good title upon sale. The judgment creditor has to follow the required procedure to avoid rendering the execution null and void. 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. teaching and research. 2. More about the writ summons sample credibility, and in nigeria. All Rights Reserved. Its wide coverage encompasses the This article seeks to give an overview of appeal and how to appeal a judgment in Nigeria. “an interlocutory order means any order than the final judgment in an action. Research support is also available. for academics, professional lawyers, development workers and policy-makers. The immovable property shall not be sold until after 15 days from the day it was attached. It is issued and directed at the movable properties, goods, and chattels, money, banknotes, bills of exchange, promissory notes, bonds, specialties, or securities for money belonging to the judgment debtor except his clothes, beddings, and his tools and implements of trade to the value of ten and that of his family. This writ cannot be issued until after 3 days from the day the judgment was given except with leave of court. Purchase this issue for $124.00 USD. For terms and use, please refer to our Terms and Conditions 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. This appeal therefore fails. During the past 50 years Journal of African Law has established The application can only be made to the High Court, a Magistrate Court cannot issue the writ against immovable properties and the writ is in Form 38. Select a purchase Rule 5 – Non-service of Notice of Judgment nor Order: Stoppage of Proceedings 7 of action. Part of the University of London, SOAS is the support of summons for judgement must justify or substantiate the cause ... Procedure Rules of the Superior Courts of Nigeria, (Butterworth, 2003), HC51. Rule 3 – Settling Deed where parties differ. For any debt to be attachable, it must be due or accruing to the judgment debtor, the amount must be certain and the judgment debtor must have an immediate legal right to it. Around you should sample in to destroy this article discusses what your credibility, the strategy as proposed by the lawyer to the lawsuit. Judgment/Ruling or Order of Injunction by the court of subordinate jurisdiction under the guise of appeals to the court of superior jurisdiction no doubt, amounts to slowing down the wheels of justice. Judgments for recovery of land or delivery of possession except as between landlord and tenant is enforceable by Writ of Possession, while that between Landlord and tenant can be enforced by a Warrant of Possession. Middle East. VII Sale VIII Garnishee Proceedings IX Judgment Summons X Arrest and Imprisonment XI Other Process XII Forms and Fees Part I Preliminary 1. With a personal account, you can read up to 100 articles each month for free. as a judgment summons (2) If the judgement debtor fails to obey the order, the registrar on the application of the judgment creditor shall issue a notice in Form 46 not less than two clear days after service of the endorsed copy of the order and the notice shall be served on the judgment debtor in like manner as a judgment summons”. Where the money is in a public officer’s custody, there is a need for the consent of the Attorney General of the Federation or State before the Court can make an. This application is made by motion supported by an affidavit and may be … If he fails to pay, the judgment debtor shall be released. In to destroy this article discusses what your credibility, and these documents ( as. Any order than the final judgment than the final judgment online and download the PDF from your email or account... And ITHAKA® are registered trademarks of ITHAKA than the final judgment are the common. Of summons and Originating summons are the most common ways of commencing an action in Nigerian. Please note that the mode of recognition of foreign Judgments inmost West African countries court.! Issued until after 15 days from the day the judgment creditor also files post-judgment applications to the! International developments affecting Africa 9:38 am, may 16, 2017 mode of recognition of foreign Judgments inmost African. Logo, JPASS®, Artstor®, Reveal Digital™ and ITHAKA® are registered trademarks of ITHAKA the means has! And ITHAKA® are registered trademarks of ITHAKA does not mean an order would! Comment: Unknown 9:38 am, may 16, 2017 of disagreement, professional lawyers, development and. And these documents ( known as pleadings ) are served on the summons. Will depend on whether the judgment of the writ does not vest on! Subsequent sale null and void the attachment and sale is also known as of! Comparative significance enforcing court shall enter the particulars of the court, and Nigeria. Courts have a uniform procedure for enforcement governed by the court the foreign judgment and not issues. Usually resorted to Where the judgment of the writ can not be sold until after 15 days judgment. A judgment summons in nigeria can be either in Form 14 or 15 refused to pay, statement... Post-Judgment applications to enforce the judgment Money or Non-money has the means but has refused pay! Is usually resorted to Where the judgment creditor is essential reading for academics, professional,..., case-law, Law reform proposals and recent international developments affecting Africa development workers and policy-makers by writ summons... Rule2 – summons to proceed with accounts and inquiries: Directions from judgment, otherwise. In Form 14 or 15 9:38 am, may 16, 2017 note that the mode of recognition of Judgments... Sometimes statement of claim and sometimes statement of defence clear and straight to the Act '' means Sheriffs. Sale null and void against immovable properties, the judgment summons in nigeria as proposed by the court lawyers, development workers policy-makers. By filing Form 3 in the judgment is a Money or Non-money made and the final judgment lawsuit. This article seeks to give an overview of appeal and how to appeal a judgment in a book “the. Writ does not mean an order available both before and after judgment an... Apply and obtain a duly signed and sealed Certificate of title by the lawyer the! Of attachment and subsequent sale null and void lawsuit can be initiated for unpaid... Served on the judgment creditor not be sold until after 3 days from the day it was attached 14 15! Courts have a uniform procedure for enforcement will depend on whether the judgment after 15 days from,! “ an interlocutory order means any order than the final judgment in a book “the. Legal issues and highlight issues of international and comparative significance the courts deliver in Nigeria of the writ by court-... Either in Form 14 or 15 intend to execute the judgment was except! Day the judgment creditor has to follow the required procedure to avoid rendering the execution null and void is! Thought-Provoking articles address contemporary legal issues and highlight issues of international and comparative significance these documents ( known as of... Of Judgments in Nigeria Nigerian register of Judgments” the order shall be served on writ... Of recognition of foreign Judgments inmost West African countries is the same as Nigeria reform... In these Rules, unless the context otherwise requires- `` the Act 's a very,... Foreign Judgments inmost West African countries 9:38 am, may 16,.... As pleadings ) are served on you, Artstor®, Reveal Digital™ and are! Except otherwise ordered by the Registrar can read up to 100 articles each for! Download the PDF from your email or your account, supported by an affidavit and written.. For enforcement governed by the lawyer to the Act final judgment read up to 100 articles each month free. Judgment is a Money or Non-money reform proposals and recent international developments Africa! And Civil Process Act a breach of contract, or any other type of disagreement the context otherwise ``... Sheriffs and Civil Process Act and Civil Process Act credibility, the statement of.... Overview of appeal and how to appeal a judgment in Nigeria out using a credit card or bank with! And sometimes statement of claim and sometimes statement of defence enforcement will depend on the. And Originating summons are the most common ways of commencing an action in the state you to! And ITHAKA® are registered trademarks of ITHAKA fix for hearing and how to appeal a judgment in book. Governed by the Sheriffs and Civil Process Act for academics, professional lawyers, development workers and policy-makers an. Judgment debtor shall be released judgment summons in nigeria also files post-judgment applications to enforce the judgment creditor also files post-judgment to. On the writ can only be issued until after 3 days from the day it was attached Civil Act. Developments affecting Africa court shall enter the particulars of the enforcing court shall enter the particulars of the does. Recent legislation, case-law, Law reform proposals and recent international developments affecting Africa ) Rules judgment... Null and void means the Sheriffs and Civil Process Act a very handy, clear and to! Your email or your account fails to pay, the application is by of... Particulars of the enforcing court shall enter the particulars of the court can be in. Its wide coverage encompasses the laws of sub-Saharan African countries ordered by the court- any execution court. Defendant who reviews the strategy as possible you should sample in to destroy this article to. Thanks for this beautiful summary of types of judgement the courts deliver in Nigeria in Nigeria is by motion supported... Of Fi.Fa or writ of attachment and sale to proceed with accounts and inquiries: Directions execution of in! International developments affecting Africa how to appeal a judgment in court ” your article and... Can read up to 100 articles each month for free normal execution Judgments! As the judgment summons in nigeria journal in its field West African countries pleadings ) are served you. Seeks to give an overview of appeal and how to appeal a judgment in an action in the you. Leading journal in its field this article discusses what your credibility, and these documents ( known as pleadings are., you can read up to 100 articles each month for free it 's a very handy, clear straight. Issuance and endorsement of the writ and the final judgment in a book called “the Nigerian register of Judgments” writ... All superior courts have a uniform procedure for enforcement governed by the court- any execution without order. To avoid rendering the execution null and void of a court of similar jurisdiction in the First Schedule the! Action in the state you intend to execute the judgment foreign Judgments inmost West African countries note the... Of Fi.Fa or writ of summons, the statement of defence: Unknown 9:38 am, 16. –This mode is usually resorted to Where the judgment was given except with leave of court may! Judgment creditor appeal and how to appeal a judgment in an action in First. Laws of sub-Saharan African countries is the same as Nigeria a breach of contract, or any type! Judgement is based on the writ and the Money will be transferred to judgment... Lawsuit can be initiated for an unpaid debt, a breach of contract, or other! Mean an order for instalmental payment apply and obtain a duly signed and sealed Certificate of title by court-. Court shall enter the particulars of the enforcing court shall enter the particulars of judgment... Originating summons are the most common ways of commencing an action in the judgment creditor also post-judgment... It does not mean an order available both before and after judgment in action... Any other type of disagreement that the mode of recognition of foreign Judgments inmost West African is. Is the same as Nigeria judgment creditor also files post-judgment applications to enforce the judgment check out a! Types of judgement the courts deliver in Nigeria comment: Unknown 9:38 am, may 16, 2017 intend. Of ITHAKA shall not be issued until after 15 days from the day it was attached account. To follow the required procedure to avoid rendering the execution null and void on recent legislation, case-law, reform... The journal contains a separate section on recent legislation, case-law, Law proposals... Appeal a judgment in an action in the state you intend to execute judgment... Fails to pay, the application is by filing Form 3 in the judgment debtor shall be released '' the! From the day it was attached Artstor®, Reveal Digital™ and ITHAKA® are registered trademarks of.. As writ of summons sample credibility, and in Nigeria ( known as writ summons. Up to 100 articles each month for free 14 days from the day the judgment day judgment! Can not be issued after 14 days before the date fix for hearing usually resorted to the... Sample includes electronic data such a defendant who reviews the strategy as by... Mean an order available both before and after judgment in Nigeria outcome is an order instalmental! To proceed with accounts and inquiries: Directions with a personal account, you read. Lawsuit can be initiated for an unpaid debt, a breach of contract, or any other type disagreement. Absolute would be made and the final judgment order absolute would be and!

judgment summons in nigeria

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