ENFORCEMENT OF JUDGMENTS — Sheriffs and Civil Process Act, Sections 47 and 48 — Application Within 21 Days — Applies Only Where Sale Conducted Under Valid Court Order
Ratio Decidendi
Per Tabai, JSC, in Saleh v. Monguno (2006) NLC-123-403-2001(SC) at p. 8; Paras C–E:
"With particular reference to the three properties comprised in relief (A) therefore, the sale in respect thereof comes squarely within the provisions of sections 47 and 48 of the Sheriffs and Civil Process Act Cap 407 Laws of the Federation 1990. I am in total agreement with the reasoning and conclusion of the Courts below therefore that by reason of the provisions thereof, the auction sale not having been challenged within 21 days from the date of sale, was deemed to become absolute and effectively transferred title in the three properties to whoever of the 3rd – 8th Respondents that bought them."
Explanation / Scope
Sections 47 and 48 apply to sales conducted under valid court orders. Failure to challenge within 21 days makes the sale absolute. The principle applies to enforcement of judgments.