|
Sheriffs
and Civil Process Act
Chapter
407
Laws
of the Federation of Nigeria 1990
Arrangement
of Sections
Part I
Short
Title
Part II
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to be superseded on payment.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
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
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
| 