Writ of Execution

The sequence begins after judgment.

The judgment creditor identifies what the debtor has. That is the practical constraint, and it should ideally be done before the case rather than after, because a judgment against somebody with nothing traceable is an expensive document.

The creditor applies for the writ, which issues from the court that gave the judgment.

The writ is executed by the sheriff or bailiff, who attends, seizes goods, and inventories them.

The goods are then sold, usually by auction, and the proceeds applied to the debt and the costs.

Where movable property is insufficient, an application is made for leave to levy execution against immovable property, which brings its own process and its own timetable.

Third party claims are common. Somebody attends and says the goods seized belong to them rather than to the debtor, which is resolved through interpleader proceedings where the court determines ownership.

A judgment debtor served with a writ should take advice immediately rather than obstructing the officers, because obstruction creates a separate problem without solving the first.

Enforcement is where Nigerian judgments most often stall, and the reason is usually that nobody identified assets.

A claimant who litigates for three years and then discovers the defendant's business has no traceable property has spent the money for nothing. Asset identification belongs at the start, when deciding whether to sue at all, and it should influence both the decision and the choice of defendant.

Garnishee proceedings are the more effective route where they are available, because attaching a bank account reaches money directly rather than requiring seizure and sale. Execution against goods is slower and realises less, because forced sale prices are poor.

Judgment against a company adds a further point. The company's assets are available; the directors' personal assets are not, unless they gave guarantees or unless there is a separate basis for personal liability. Claimants sometimes assume otherwise and are disappointed.

Government and public bodies are a distinct category, with specific requirements applying to enforcement against them, and advice should be taken rather than proceeding as against a private defendant.

And time matters. A judgment left unenforced for years can face procedural obstacles, so a creditor who obtains judgment should move to enforcement rather than treating the judgment as an end in itself.

Three ways a Nigerian money judgment is enforced, suited to different debtors.

A writ of execution reaches property. The sheriff seizes goods and sells them, and with leave it can extend to land. It works where the debtor has visible assets, and forced sale realises less than value.

Garnishee proceedings reach money owed to the debtor by somebody else, most commonly a bank. The court orders the garnishee to pay the creditor instead. It is usually the fastest and most effective route where an account can be identified.

A judgment summons examines the debtor about their means and can, in defined circumstances of wilful default, lead to committal. It is used where the debtor's position is unclear or where they appear to be able to pay and are refusing.

A creditor should ask which the debtor's circumstances suit. Chasing goods where a bank account is identifiable wastes months.

Execution only reaches what the debtor owns. A judgment against somebody with nothing is unenforceable however well founded.

Forced sale realises poor prices, so seizing goods worth a nominal amount may produce far less towards the debt.

Third party claims delay execution, and debtors sometimes arrange for goods to be claimed by relatives or associated companies.

Execution against land is slower and requires leave, and it is frequently contested.

And enforcement against public bodies is subject to particular requirements, which means the ordinary process does not simply apply.