NIGERIA Law and Practice Contributed by: Adeyinka Aderemi, Chinasa Unaegbunam, Omono Blessing Omaghomi and Ibukun Enigbokan, Streamsowers & Köhn
the value of NGN10). The proceeds from the sale are used to cover sale expenses and offset the judgment debt, with any remaining balance being given to the judgment debtor. In cases where the court ordered the judgment sum to be paid in instalments, the writ can only be issued after the default in payment of some instalment, and execution may be for the remaining sum and costs then unpaid, or for a part of it as the court may order (either in the judgment or subsequently). Also, unless they are perishable in nature or the judg - ment debtor requests so in writing, the seized prop - erty cannot be sold until the expiration of a period of at least five days from the date of seizure. Garnishee Proceedings This is a method of enforcing a monetary judgment by recovery through third parties (garnishees) who are in custody of the judgment debtor’s funds or indebted to the judgment debtor. The judgment creditor steps into the position of the judgment debtor to collect such funds. In most cases, the garnishees are bankers of the judgment debtor. The judgment debtor files an application ex parte (without notice to the judgment debtor and the gar - nishees) and, upon being satisfied that the case is deserving, the court would make an order nisi (initial order) directing the garnishees to disclose the amount standing to the credit of the judgment debtor in their custody and show cause why such sums should not be attached and paid to the judgment creditor in sat - isfaction of the judgment. The order nisi is served on the garnishees, and each garnishee is expected to file affidavits in court disclosing the judgment debtor’s monies in its custody, if any. Upon disclosure by the garnishees, the order nisi is made absolute against the garnishees, mandating them to pay the judgment debtor’s funds disclosed as being in their custody to the judgment creditor, in satisfaction of the judgment sum. Bankruptcy/Insolvency Proceedings In this mode of enforcement, where a judgment debtor defaults in payment of the judgment sum, the judgment
creditor is at liberty to commence an action against the judgment debtor under bankruptcy proceedings in the case of an individual debtor or winding-up pro - ceedings in the case of a company. However, it must be shown that the judgment debtor is unable to pay its debt in all instances. Generally, it involves filing a petition and providing evi - dence of bankruptcy or insolvency. Once the judg - ment debtor is declared bankrupt or insolvent, their assets are liquidated and the proceeds are distributed among creditors according to their priorities. Writ of Possession This is issued for the recovery of premises where the judgment of the court is for the recovery of land, or for the delivery of possession of land, in an action other than an action between landlord and tenant. An application for a writ of possession is made by filing a praecipe form. Writ of Sequestration This is issued upon application to a judge against the property of a person who has had an order or warrant of arrest, commitment or imprisonment made against them but cannot be found, or where a person is taken and detained in custody without obeying the judgment of a court. An application for a writ of sequestration is made to a judge in the prescribed form. Writ of Delivery A writ of delivery is issued for the enforcement of a judgment for the delivery of goods. An application for a writ of delivery is made by filing a praecipe form. Judgment Summons This is issued by the court upon application of a judg - ment creditor where a judgment debtor defaults on payment of a judgment sum or any instalment. The judgment debtor is summoned to appear before the court for examination on oath as to their means. An investigation into the judgment debtor’s means is con - ducted, and the court may make an interim order for the protection of any property applicable or available in discharge of the judgment debt. Upon the conclu - sion of investigations, the court may make one or more of the following orders:
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