NIGERIA Law and Practice Contributed by: Abubakar Anafi, Larry Nkwor, Justice Uka-Ofor and Ayomide Abiodun, G. Elias
ence of trade custom; or (c) under a principle of equity such as a breach of fiduciary relationship. For post-judgment interest, no evidence is required. The rules of courts empower courts to award post-judgment interest; this is discretion- ary and varies with the court system in issue. Some rules of courts set a maximum of 10% for post-judgment interest. 9.4 Enforcement Mechanisms of a Domestic Judgment The following mechanisms are available for the
A writ of sequestration directs persons appoint- ed by the court to enter the judgment debtor’s immovable property, collect rents and profits therefrom in satisfaction of the judgment debt, and/or seize and detain the movable properties of the judgment debtor until they obey the judg- ment. Judgments for the recovery of land or delivery of possession are enforceable by writs of pos- session; however, a warrant of possession is the technical name for the equivalent instrument that applies in relation to landlord-tenant disputes. 9.5 Enforcement of a Judgment From a Foreign Country A foreign judgment can be registered and enforced in Nigeria either by an action in com- mon law or under statutes such as the Recip- rocal Enforcement of Foreign Judgments Ordi- nance, 1922 (the “Ordinance”) and the Foreign Judgments (Reciprocal Enforcement) Act, 1961 (the “Act”). The Ordinance applies to judgments obtained from courts in Commonwealth coun- tries such as the United Kingdom and North- ern Ireland, while the Act extends to judgments obtained from courts in countries to which the Nigerian minister of justice has, by an order, extended the benefits of the Act. No such order has, to date, been made. A foreign judgment creditor may elect to enforce a foreign judgment by an action at common law by claiming the reliefs granted to them by the foreign country. The creditor simply needs to apply for summary judgment or the undefended list procedure. To register a foreign judgment under the Ordi- nance and the Act, a petition and originating motion respectively must be filed by the judg- ment creditor, alongside an affidavit and writ-
enforcement of judgments: • garnishee proceedings; • writ of fieri facias; • judgment summons; • writ of sequestration; • writ of possession; and • warrant of possession.
Garnishee proceedings are instituted by the judgment creditor to attach debts which a third party owes to the judgment debtor, in satisfac- tion of the judgment debt. This mechanism is commonly used to attach monies held by the judgment debtor in a bank, and the bank (gar- nishee) is then ordered to pay those monies to the judgment creditor. A writ of fieri facias is an order directing a sheriff or deputy sheriff to seize and sell a judgment debtor’s property to satisfy a judgment debt. Judgment summons involve requiring a judg- ment debtor to appear in court to be examined on oath as to their means. Where the judgment debtor has the means but refuses to pay, the court may order imprisonment or the seizure of assets.
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