LEGAL PRINCIPLE: CIVIL PROCEDURE – Enforcement of Judgments – Judgment Capable of Enforcement – Requirement of Executory Order
PRINCIPLE STATEMENT
A judgment creditor can enforce the judgment in the High Court. Where the decision is one of a dismissal, there is clearly nothing to enforce. The judgment in SC.23/1991 which dismissed the appeal of the appellants and cross-appeal of the respondents made no order positive or mandatory in favour of either party. Accordingly, there is nothing in that judgment to enforce.
RATIO DECIDENDI (SOURCE)
Per Uthman Mohammed, JSC, in Awoniyi v. Registered Trustees of the Rosicrucian Order, AMORC (2000) NLC-1821999(SC) at p. 11; Paras A–B.
"A judgment creditor can enforce the judgment in the High Court. Where the decision is one of a dismissal, there is clearly nothing to enforce. The judgment in SC.23/1991 which dismissed the appeal of the appellants and cross-appeal of the respondents made no order positive or mandatory in favour of either party. Accordingly, there is nothing in that judgment to enforce."
EXPLANATION / SCOPE
Only judgments containing positive or mandatory orders are enforceable. A judgment of dismissal merely affirms that the plaintiff or appellant has not established entitlement to relief; it creates no executory obligation. A judgment creditor must have a judgment directing payment, possession, or some specific act. Without such executory order, there is nothing to enforce. This principle distinguishes between declaratory judgments (which state rights but command nothing) and executory judgments (which command action). Enforcement mechanisms apply only to the latter.