LEGAL PRINCIPLE: WORDS AND PHRASES — “Judgment” and “Order” — Definition under Sheriffs and Civil Process Law
PRINCIPLE STATEMENT
Under Section 2 of the Sheriffs and Civil Process Law, "judgment" includes an order and "order" includes an injunction, but these are inclusive definitions, not restrictive.
RATIO DECIDENDI (SOURCE)
Per Agbaje, JSC, in Hart v. Hart (1990) NLC-521983(SC) at p. 27; Paras A–C.
"Section 2 of the same law defines 'judgment' as including an order and 'order' as including an injunction. The definition of 'order' as including an injunction is only an inclusive definition. It is therefore not correct to say that only an order for an injunction can be enforced under S.71 of the law."
EXPLANATION / SCOPE
Statutory definitions using “includes” are inclusive, not exhaustive or restrictive. The definition of “order” as including an injunction does not limit enforcement to injunctions only. Other types of orders are also enforceable. The principle of statutory interpretation applies: “includes” expands the meaning; “means” restricts it. The court will not read a restrictive meaning into an inclusive definition. The purpose of Section 71 is to provide a remedy for disobedience of any court order. The inclusive definition ensures injunctions are covered but does not exclude other orders. The principle promotes effective enforcement of all court orders.
