CORAM
ALOMA MARIAM MUKHTAR, JUSTICE SUPREME COURT
MUHAMMADU LAWAL UWAIS CHIEF JUSTICE OF NIGERIA(Presided)
MUHAMMED SAIFULLAHI MUNTAKA-COOMASSIE, JUSTICE, SUPREME COURT
KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN JUSTICE SUPREME COURT
PARTIES
CHIEF M. O. OLATUNJI APPELLANTS
CHIEF M. O. OLATUNJIORE-OLUWA FALANA RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The Appellant sued the Respondents for the return of the equipment’s removed from his factory and for damages. Damages were granted and the Appellant immediately on the same day applied for a writ of execution of the judgment. The Respondents thereafter filled a motion to set aside the execution which was granted. An unsuccessful appeal to the Appeal Court led this present appeal.
HELD
Appeal allowed.
ISSUES
Whether the application for and the issuance of a Writ of Execution of Judgment for sum of money payable under a judgment immediately after delivery of judgment is invalid under the Sheriffs and Civil Process Act or the Rules made there under.
RATIONES DECIDENDI
JUDGMENT OF COURT TO PAY MONEY, WHEN DOES THE JUDGMENT OF COURT TO PAY MONEY TAKE EFFECT
“In my view, unless the court otherwise orders a judgment of court to pay money, it takes effect from the day it is pronounced or delivered in court. However, the court at the time of making any judgment or order, or at any time afterwards, may direct the time within which the payment or other act is to be made or done.
DECREE OR ORDER OF COURT – IMPORT OF SECTION 20(1) OF THE SHERIFFS AND CIVIL [PROCESS] ACT
“A person directed by a decree or order of court to pay money or to do any other act is bound to obey the decree or order without any demand for payment or performance, and if no time is therein expressed he is bound to do so immediately the decree or order is pronounced. That is the language and meaning of the provisions of section 20(1) of the Sheriffs and Civil [Process] Act. This makes sense, for it behooves a successful plaintiff to act promptly, lest he loses the fruits of his victory”.
JUDGMENT DEBTOR SEEKING TO STAY THE EXECUTION – WHAT A JUDGMENT DEBTOR SEEKING TO STAY THE EXECUTION IS REQUIRED TO ESTABLISH
“A judgment debtor seeking to stay the execution must show that he is challenging the judgment, or is asking for time to comply with the terms of the judgment.”
WRIT OF FIFA – WHEN IS A WRIT OF FIFA ISSUED?
“A writ of Fifa may issue to enforce a judgment or order for the payment to, or for the recovery by, any person of money.”
WRIT OF FIFA – APPROPRIATE TIME IN ISSUING A WRIT OF FIFA
“A Writ of Fifa may issue immediately upon payment becoming due upon a pronouncement in a judgment and as a matter of course without leave and without the necessity of a prior notice to; or for prior service of the judgment or order upon the judgment debtor. See Land Credit Coy of Ireland v. Fermoy supra. Accordingly, a judgment requiring the defendant to pay money to the plaintiff is enforceable by writ of Fifa immediately it is entered even though no time is specified for the payment to be made and even though notice of the judgment, still less the judgment itself, has not been served on the debtor.”
CASES CITED
1. Bank of West Africa Ltd v. National Investment and Properties Co. Ltd.|2. Olayinka v. Elusanmi [I971] 1 NMLR 277.|3. Dada v. The University of Lagos and others [1971] 1 UNIIFE CR 344.|4. Bank of West Africa Ltd v. NIPC Ltd [1962] LLR 31;|5. Olayinka v. Elusanmi [1971] 1 NMLR 277.|6. Total v. E.M.C.C. [1972] 8-9 SC 64.|7. Far East Merchantile v. Phillips [1974] 11 SC 225.
STATUTES REFERRED TO
1. Judgment [Enforcement] Rules|2. Sheriffs and Civil Process Act.|