Description

Judgement takes effect immediately it is delivered. However, an application for execution of judgement may not be granted except the applicant has met the conditions precedent. The book examines the various conditions precedent to enforcement of judgements and orders of courts, various modes of enforcement of money judgements, various writs and modes of their execution.

​In Wakili v. Buba (2016) 13 NWLR (Part. 1579) p. 322, the Court of Appeal held that enforcement of judgments is regulated by the procedures set out in the Sheriffs and Civil Process Acts and Judgment (Enforcement) Rules. Thus, the book restricts itself to examining the various procedures of judgement enforcement, set out in the Sheriffs and Civil Process Acts and Judgment (Enforcement) Rules made thereunder. However, in respect of the Federal High Court, references were made to the provisions of the Federal High Court Rules on the strength of the Supreme Court decision in Biem v. S.D.P. (2019) 12 NWLR (Pt. 1687) 377.

​In Biem v. S.D.P. (Supra), the Supreme Court held that by section 254 of the Constitution of the Federal Republic of Nigeria, the Chief Judge of the Federal High Court is empowered to make rules for regulating the practice and procedure of the Federal High Court and that the Federal High Court Act which is deemed to have been enacted by the National Assembly stipulates in section 44(1) that the Chief Judge may with the approval of the President, make Rules of Court for carrying the Act into effect and that on that basis, the Sheriffs and Civil Process Act is not the principal legislation that deals with the service of court processes of any court in Nigeria where it relates to the Federal High Court. On the strength of that logic, it is our humble submission that the Sheriffs and Civil Process Acts is also not the principal legislation dealing with the enforcement of judgement where it relates to the Federal High Court. It is our hope that lawyers in litigation practice, judges and other stakeholders in justice delivery will find the book immensely useful. All errors in the book are mine.

​Basil Momodu Esq.

October, 2024.