NIGERIA Law and Practice Contributed by: Adeyinka Aderemi, Chinasa Unaegbunam, Omono Blessing Omaghomi and Ibukun Enigbokan, Streamsowers & Köhn
The court can enforce a successfully registered judg - ment in compliance with the provisions of the Sheriffs and Civil Processes Act in the same way as a domestic judgment. The process of such enforcement includes the following. Garnishee Proceedings This process entails attaching any money that belongs to the judgment debtor but is in the custody of a third person, known as the “garnishee”. The judgment creditor files an application for the grant of garnishee order nisi. The application filed by the judgment credi - tor is served on the garnishees, along with the enrol - ment of the order nisi of the court to show cause why the money to the credit of the judgment debtor should not be attached and paid to the judgment creditor. Where the procedure is successful, the court will make the order nisi absolute for the satisfaction of the for - A writ of fi. fa. is issued for execution against the goods, chattels and immovable property of the judg - ment debtor for the recovery of any sum of money payable under a judgment of a court in the case of default or failure of payment. The writ is obtained by completing the praecipe form at the registry of the court. This is applicable where the amount obtained from the garnishee proceedings is insufficient to pay off the judgment sum. 3.5 Costs and Time Taken to Enforce Foreign Judgments eign judgment. Writ of Fi. Fa. The costs involved in the enforcement of a foreign judgment include the professional fees of the legal practitioner who will represent the judgment credi - tor, the monetary sum of the foreign judgment that is expected to be registered and the statutory cost of the court where the foreign judgment will be registered. Under the provisions of the Sheriff and Civil Process Act, the costs of the garnishee proceedings, together with the debt owed, are directed by statute to be paid by the garnishee within a time prescribed by the court. When a writ of fi. fa. is issued, it maintains a lifespan of one year from the day it was issued. Where the property attached is movable, it cannot be sold until five days after the day it was seized from the judgment
debtor. However, movable goods may be sold before the five days expire if they are of a perishable nature or if the judgment debtor makes a request to the court by written application. In general, a writ of fi. fa. and an order for garnishee proceedings are most appropriate where the foreign judgment to be enforced is a monetary sum. It usually takes between six months and one year to enforce a foreign judgment. Under the provisions of the 2004 Act, a foreign judgment can be enforced at any time within six years from the date it was delivered. This estimated period can extend where enforcement is being challenged. 3.6 Challenging Enforcement of Foreign Judgments The following legislation governs the registration and enforcement of foreign judgments in Nigeria: • the Reciprocal Enforcement of Judgments Ordi - nance, 1922, Cap 175, Laws of the Federation of Nigeria and Lagos, 1958 (the Ordinance); and • the Foreign Judgments (Reciprocal Enforcement) Act, 1990, Cap F35, Law of the Federation of Nige - ria 2004 (the 2004 Act). The Ordinance The registration and enforcement of a foreign judg - ment may be challenged under the Ordinance on the following grounds: • the original court acted without jurisdiction: (a) the judgment debtor was neither carrying on business nor ordinarily resident within the jurisdiction of the original court, and did not voluntarily appear or otherwise submit or agree to submit to the jurisdiction of that court; or (b) the judgment debtor, being the defendant in the proceedings, was not duly served with the process of the original court, and did not ap - pear notwithstanding that they were ordinarily resident or were carrying on business within the jurisdiction of that court or agreed to sub - mit to the jurisdiction of that court; • the judgment was obtained by fraud;
333 CHAMBERS.COM
Powered by FlippingBook