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Sheriffs and Civil Process Act

Chapter 407

Laws of the Federation of Nigeria 1990

 

 

 

Arrangement of Sections

 

 

Part I

Short Title

 

1.

Short title.

 

 

 

 

 

 

Part II

Interpretation


2.

Interpretation.

 

 

 

 

 


Sheriff and Deputy Sheriffs

 

 

3.

Appointment of sheriff.

4.

Appointment of deputy sheriffs.

 

 

 

 

Bailiffs

 

5.

Appointment of bailiffs.

6.

Declaration by bailiffs.

 

 

 

 

Powers, Duties and Liabilities of Sheriff, Deputy Sheriffs, Bailiffs and Police Officers

 

 

7.

Sheriff may command person to arrest felon.

8.

Sheriff to make return of writs.

9.

Duties at assizes.

10.

Duties as to execution of writs.

11.

Other duties of sheriff.

12.

Duties as to execution of sentence of death.

13.

Duties of deputy sheriffs.

14.

Liability for wrongful imprisonment.

15.

Duty of police officers.

 

 

Protection of Sheriffs

 

 

16.

Protection of sheriff selling goods under execution without notice of claim by third party.

17.

Protection of sheriffs.

 

 

 

 

Fees

 

 

18.

Fees to form part of Consolidated Revenue Fund.

 

 

 

 

 

 

 

Part III

Enforcement of judgements and orders

 

Execution and Committals

 

 

19.

Interpretation.

20.

Execution of judgments or orders for sum of money.

21.

Execution of orders for payment by instalments.

22.

Execution to be superseded on payment.

23.

Power to suspend execution.

24.

Execution of warrants of possession.

 

 

Seizure of Goods and Securities and Custody thereof

 

 

25.

Goods which may be seized.

26.

Custody of goods seized.

27.

Disposal of bills of exchange, etc., seized.

28.

Penalty for obstructing execution.

 

 

 

 

 

 

Sale of Goods Seized

 

 

29.

Period to elapse before sale.

30.

Sales under execution to be published unless otherwise ordered.

31.

Delivery of movable property in possession of judgment debtor.

 

 

Claims in respect of Property Seized

 

 

32.

Priority of writs.

33.

Sale of property where claim made thereto.

 

 

 

 

Interpleader

 

 

34.

Interpleader by sheriff.

 

 

 

 

 

Landlord's claim for Rents

 

 

35.

Claims for rent where goods seized in execution.

 

 

 

 

 

 

Lien

 

 

36.

Property subject to lien.

 

 

 

 

 

 

Transfer of Proceedings for Execution

 

 

37.

Execution out of jurisdiction of court.

 

 

 

 

 

 

Committals

 

 

38.

Issue and execution of orders of committal.

39.

Execution of committal orders out of jurisdiction of court.

40.

Liability of bailiff for neglect to levy an execution.

41.

Irregularity in executing warrants.

42.

Actions against bailiffs acting under warrants.

43.

Process evidence of authority.

 

 

Execution against Immovable Property

 

 

44.

Levy of execution upon immovable property.

45.

Levy of execution upon materials used in construction of a building.

46.

Mode of levying execution against buildings.

47.

Setting aside sale for irregularity.

48.

When sale becomes absolute.

49.

Return of deposit or purchase money.

50.

Certificate of title.

51.

Immovable property in possession of judgment debtor.

52.

Obstructing purchaser in obtaining possession.

53.

Certificate of title to be withheld on sale to an alien or of a right of occupancy.

54.

Application of Islamic law in the Northern States where parties are Muslims.

 

 

 

 

 

Part IV

Judgement Summons

 

 

55.

Application for judgment summons for examination of judgment debtor.

56.

Different names.

57.

Judgment against firm.

 

58.

Order to bring judgment debtor before court.

59.

Enlargement of time and conditional order.

60.

Discovery of property.

61.

Adjournment of examination.

62.

Interim order for protection of property.

63.

Orders on close of investigation.

64.

Power of court during hearing of a cause.

 

 

 

 

 

 

Committal in Prison

 

 

65.

Power to commit debtor to prison in certain cases.

 

 

 

 

 

 

Misconduct of Judgment Debtor

 

 

66.

Non-attendance of judgment debtor.

(a)

Refusal to satisfy judgment.

(b)

Fraudulent disposition.

(c)

Debt contracted by fraud.

(d)

Forbearance obtained by fraud.

(e)

Debt recklessly contracted.

(f)

Disobedience of judgment other than for money.

67.

Party in default to be brought before the court.

68.

Commitment of party in default.

69.

Penalty on misconduct of judgment debtor.

70.

Labour may be ordered in certain cases.

71.

Labour may be specified by regulations.

72.

Committal for refusal to comply with order.

73.

Release of judgment debtor upon satisfaction.

74.

Application for discharge.

75.

Procedure on application for discharge.

76.

Imprisonment does not extinguish debt.

77.

Subsequent imprisonment for misconduct.

 

 

Subsistence of Debtor Prisoners

 

 

78.

Subsistence allowance to debtor prisoners.

79.

Removal of prisoner in case of illness.

80.

Subsistence money added to judgment.

81.

Expenses of imprisonment.

 

 

 

 

 

 

Sequestration

 

82.

Sequestration.

 

 

 

 

 

 

Part V

Attachment of debts by Garnishee Order

 

 

83.

Debts may be garnisheed.

84.

Consent of appropriate officer or court necessary if money is held by public officer or the court.

85.

Order for attachment to bind debt.

86.

Execution against garnishee.

87.

Trial of liability of garnishee.

88.

Lien or claim of third person on debt.

89.

Order may be made if third person does not appear.

90.

Procedure upon appearance of claimants.

91.

Garnishee discharged.

92.

Private alienation after attachment void.

 

 

 

 

 

 

Part VI

Forms and rules

 

 

Forms

 

 

93.

Use of forms in First Schedule.

 

 

 

 

Rules

 

 

94.

Rules of court.

 

 

 

 

Part V II

Service of the Process and Enforcement of Judgements of Courts of the Federal Capital Territory, Abuja and

 

95.

Interpretation.

96.

Writ of summons may be served in any part of Federation.

97.

Endorsement on writ for service outside a State.

98.

Concurrent writs.

99.

Time limited for answering to summons.

100.

Order for plaintiff to give security for costs.

101.

Proceedings where defendant does not answer to summons.

102.

No increased jurisdiction conferred by this Part.

103.

Process may be served in any part of Federation.

 

 

Enforcement of Judgments

 

 

104.

Certificate of judgment.

105.

Registration of judgments and proceedings thereunder.

106.

Costs of proceedings.

107.

Execution not to issue unless affidavit filed.

108.

Proceedings subject to control of court.

109.

Stay of proceedings.

110.

Notification of proceedings and of satisfaction of judgment.

111.

Power to make rules.

112.

Transitional provisions.

 

 

 

First Schedule

Forms

 

 

Second Schedule

Certificate of Judgment

 

 

Subsidiary Legislation

 

Judgments (Enforcement) Rules

 

Enforcement of Judgments and Service of Process Rules