NIGERIA Law and Practice Contributed by: Adeyinka Aderemi, Chinasa Unaegbunam, Omono Blessing Omaghomi and Ibukun Enigbokan, Streamsowers & Köhn
2. Domestic Judgments 2.1 Types of Domestic Judgments
for any prior interference. Executory judgments are enforceable if disobeyed. • Default judgments are usually delivered upon the defendant’s failure to follow certain rules of proce - dure, such as failing to appear in a suit or failing to file a defence to the plaintiff’s claims. Such a judg - ment may be set aside by the court that granted it, upon application by the defendant. • A summary judgment is one that is given without trial where, upon consideration of the documents filed by the parties at the inception of the suit, the court finds that a defendant has no defence to the claimant’s claim. Only claims of liquidated money demand (an ascertained or ascertainable sum of money by simple calculation without any other or further investigation) can be the subject of a sum - mary judgment. Although not preceded by a trial, a summary judgment is given on the merits and can only be set aside on appeal. • Consent judgments are entered pursuant to the mutual consent of the parties to a suit, who would have filed papers in court containing the terms of settlement of the dispute between them and asked the court to enter said terms as the judgment in the suit. Such judgment serves as a final determination of the dispute between the parties. 2.2 Enforcement of Domestic Judgments The modes of enforcing domestic judgments in Nige - ria, including procedures, are outlined below. Writ of Attachment and Sale (Writ of Fieri Facias) A judgment sum becomes immediately due and pay - able upon a pronouncement in a judgment. A writ of fieri facias (fi. fa.) is issued for execution against the goods, chattels and immovable property of the judgment debtor for the recovery of any sum of money payable under a judgment of a court in case of default or failure of payment. The writ is obtained by completing the praecipe form at the registry of the court. The writ empowers the sheriff of the court to seize and sell the judgment debtor’s property within the juris - diction to satisfy the judgment debt (except wearing apparel and bedding of the judgment debtor or their family and the tools and implements of their trade, to
A “judgment” is a final decision of the court resolv - ing a dispute between parties and determining their rights and obligations. However, a court may make interim and interlocutory orders before judgment is delivered in a suit. Interim and interlocutory orders are provisional in nature and are usually in the form of injunctions restraining a party from doing an act or mandating a party to act in a particular way. Interim orders are expected to last for seven or 14 days, depending on the applicable court rules, or as directed by a court pending the hearing of an applica - tion that seeks to sustain the injunction until the deter - mination of the suit or the occurrence of a particular event. Interlocutory orders, as they are called, usually take effect until judgment is delivered in a suit. By nature, judgments could be one or more of the following. • Monetary judgments are for the payment of a sum of money, referred to as the judgment sum. The party to whom the judgment sum is to be paid is referred to as the judgment creditor, while the party directed to pay the judgment sum is referred to as the judgment debtor. Such judgment takes effect from the date it is pronounced or delivered in court. • A declaratory judgment is one that confirms or denies a legal right or entitlement, or the position of the law, but contains no specific order to be carried out by the successful party or enforced against the unsuccessful party. Declaratory judgments are dis - cretionary and are granted only in circumstances where the court is convinced by credible evidence. Therefore, declaratory judgments are not given in default of defence or on admissions without the court hearing evidence and being satisfied by such evidence that the plaintiff is entitled to the declara - tion sought. • Executory judgments are those which declare the respective rights of the parties and then proceed to order the unsuccessful party to act in a cer - tain way – eg, to refrain from interfering with the plaintiff’s rights and pay certain sums or damages
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