Order 47 — Judgment and Orders

The Court shall, after trial, deliver judgment in open court and shall direct the judgment to be entered accordingly.
Provided that where the Court reserves judgment or ruling at the hearing and announces a date for delivery of the judgment or ruling, parties to the suit and their counsel are required to take note of the date for attendance for judgment; and the Court will not be obliged to, but may also direct that the parties or their counsel be served with notice to attend the Court on the day of judgment.
Provided further that the absence of parties or their counsel from the Court on the day judgment is to be delivered shall not prevent the Court from delivery of its judgment as earlier fixed.

Any Judgment or Ruling to be delivered by a Judge of the Court shall be signed by the Judge and copies made available to the parties for collection within seven (7) days of the delivery.

(1) Where a Judge is to deliver a judgment or ruling and has typed and signed the judgment but he is unable to deliver same on the grounds of illhealth or for any unforeseen contingencies, the Judge or the parties as the case may be, may request another Judge of the Court in that Division to sit and deliver the typed and signed judgment on his behalf.
Provided that where the Judge is the only Judge in the Division, he may request the President of the Court to assign another Judge from another Division of the Court to deliver the judgment or ruling on his behalf.

(2) Where a Judge has written and signed his judgment but was unable to deliver the judgment because of transfer, the President of the Court may assign any other Judge to proceed to the Division to deliver the signed Judgment.

(3) Where a Judge is to deliver a judgment or ruling and has type-written and signed the judgment or ruling but died before the date of delivery of the said judgment or ruling, the President of the Court may assign another Judge of the Division or a Judge from another Division of the Court to deliver the judgment on behalf of the deceased Judge.

(4) Where a Judge has type-written his judgment or ruling, but has not signed the judgment or ruling but died before the date fixed for the delivery of the judgment or ruling, the President of the Court may assign another Judge to hear and determine the matter de novo.

(1) When a Judge delivers a Judgment, Order or Ruling, the Registrar of the Court shall prepare the Enrollment of Order and affix the seal of the Court thereon within five (5) working days of the date of delivery of the Judgment, Order or Ruling.

(2) The Registrar, where applicable shall present the said Judgment, Order or Ruling to the Judge and the authorized officer of the Court for signatures within 48 hours of receipt of the Judgment, Order or Ruling.

Where any judgment or ruling is delivered by the Court, it shall be dated as of the day on which such judgment or ruling is delivered and shall take effect from that date unless the Court otherwise orders.

When any judgment is directed to be entered by an order made on application for judgment, the judgment shall, unless the Court otherwise orders be dated as of the day on which the order is made and shall take effect from that date:
Provided that the order may direct that the judgment shall not be entered until a given date, in which case it shall take effect from that given date.

The Court may at the time of delivering the judgment or making the order give direction as to the period within which payment is to be made or other act is to be performed and may order interest at a rate not less than 10% per annum to be paid upon any judgment.

Every judgment or order made in any cause or matter requiring any person to perform any act or do anything shall state the time within which the act is to be done. There shall be endorsed on the judgment or order a memorandum by the Registrar in the following words:
“If you, (the within-named A.B), neglect to obey this judgment (or order) by the time therein limited, you will be liable to process of execution for the purpose of compelling you to obey the said judgment (or order)” and same shall be served upon the person required to obey the judgment or order.

In any cause or matter in which the parties are represented by Legal Practitioners, no order for entering judgment shall be made by consent unless the terms of settlement are signed by both parties and their counsel.
Provided that where the counsel refuses or fails to sign the terms of settlement, the parties may sign the agreement and that may be accepted by the Court.

Where a party has no counsel, such order shall not be made unless the party gives consent in person in open court.

(1) A party may consent to an order for entering of judgment by filing a written memorandum to the Court stating:
(a) that the party so consents; and
(b) whether the party’s consent is for the full claim or part thereof;

(2) If the consent is for part or less than the full claim:
(a) the party may continue the defence as to the balance of claim; and
(b) notwithstanding, a judgment upon such consent the action may proceed as to such balance and it shall in that event be in all subsequent respect an action for such balance.

Where an order has been made not embodying any special terms nor including any special directions, but simply enlarging the time for taking any proceeding or doing any act or giving leave for:
(a) the issuance of any court process other than a writ of attachment;
(b) the amendment of any court process;
(c) the filing of any process or document; or
(2) The production of a note or memorandum of such order signed by the President of the Court or the Presiding Judge shall be sufficient authority for the enlargement of time, amendment, filing or any other act.

An order shall be sealed and signed by the President of the Court or the Administrative Judge, or where the Court is constituted by a single Judge, by the Judge by whom it is made.

Where a matter is fixed for judgment or ruling, no motion shall be allowed to prevent the Judge from delivering the Judgment, Order or Ruling.

(1) Any motion filed in contravention of rule 14 of this Order may be incompetent and may not be allowed to be used to delay or prevent the delivery of the Judgment, Order or Ruling of the Court.

(2) A motion or an application which has been filed and an advance copy of same has been served on the respondent(s) within fourteen (14) days before the date fixed for the delivery of the Judgment and seven (7) days before the date fixed for the delivery of the Ruling may be allowed and heard.

A party to a matter may apply to the Court to vacate its order of injunction within fourteen (14) days of the date the Order was made.

Where a party or counsel to the party fails to apply for the vacation of the order of injunction within the stipulated fourteen (14) days and the order has been enlarged beyond the first fourteen (14) days, the party or the counsel may still apply for the vacation of the order within another seven (7) days after the expiration of the first fourteen (14) days, subject to the leave of the Court properly sought and obtained.
Provided that where the party or counsel applies for the vacation out of time, such party shall pay a penalty of ₦1000.00 for each day of default after the expiration of the fourteen (14) days.

When a Judge delivers judgment in a case and signs same, the case file shall be sent back to the Registry of that Division.

Any proceeding initiated as a Post Judgment proceeding or any application brought or filed as a Post Judgment proceeding shall be given a new Suit Number.

Any party or counsel who files any post-judgment proceeding shall make reference to the previous Judgment from which the post-judgment proceeding arose e.g. In Re: Suit No ….A. vs. B.

Any application filed as post-judgment proceeding shall unless otherwise directed by the President of the Court be heard and determined by the Judge who heard the substantive suit.

(1) The Court may suo motu or on application of any party affected correct, rescind, or vary its order or ruling:
(a) erroneously sought or erroneously granted in the absence of any party affected by it;
(b) in which there is an ambiguity or patent error or omission, but only to the extent of such ambiguity, error, or omission;
(c) granted as a result of a mistake common to the parties.

(2) The Court may also suo motu or on application of any party affected rescind any order or judgment or ruling granted or made in the absence of that party.

In a matter before the Court in which the Court has delivered its judgment, any of the parties in the suit may by an application with a Written Address to the Court apply for an interpretation of the judgment.
Provided that such an application shall not be for the purpose of requesting the Court to rewrite its judgment or reverse itself.
Provided further that the application with a Written Address shall only be for the purpose of clearing any ambiguity or uncertainty, or for ascertaining the true meaning of or the intent of any word used in the judgment.

An application for interpretation of a judgment of the Court shall be by motion on notice and shall be filed not later than thirty (30) days after the delivery of the judgment or ruling.

Where a party or counsel in a matter in which the Court has delivered its judgment has been served the notice of application for interpretation of the judgment of the Court, that respondent shall file the response or the counteraffidavit or its Written Address within fourteen (14) days of receipt of the notice of the application for interpretation of the judgment.

(1) In any matter in which by an interim order the Court is restraining any of the parties from doing or compelling the doing of any particular thing within or before a stated time or period, any of the parties in the matter may by an application and or motion on notice ask the Court to either vacate, alter or amend the said interim order.

(2) The other party or counsel in the matter affected by the interim order may on receipt of the motion on notice on the application for vacation or alteration or amendment of the interim order may by a counter affidavit respond his objection or otherwise react to the application for either vacation, alteration, or amendment of the interim order.

(3) Where the respondent is not objecting to the application as provided in sub-rule (2) of this rule, and if upon good cause shown to the satisfaction of the Court that between the last date and the next date of hearing that there may be any development that may warrant or necessitate the vacation, alteration or amendment of the said interim order of the Court, the Court may grant the application.

(1) Where a case pending before the Court is adjourned to a specified date by the Court, any of the parties in the matter may by an application to the Court request to alter the specified date of adjournment either by bringing it forward or by abridging the next date of adjournment.

(2) If the Court is satisfied that sufficient and satisfactory reason has been adduced, the Court may grant the application for adjustment of the date only.
Provided that such application shall be filed not later than seven (7) working days before the date specified as the next hearing date.

When a Judgment, Ruling or Order of a court of foreign jurisdiction is to be enforced in Nigeria by the Court, the party seeking the enforcement of the judgment, ruling or order shall register the Certified True Copy (CTC) of the Judgment, Ruling or Order having the seal of the Court of foreign

(1) When the party has duly registered the CTC of the judgment, ruling or order of a court of foreign jurisdiction, the party or the party’s counsel may apply for the leave of Court to enforce the judgment, ruling or order.

(2) The application for leave shall be made ex parte to the Court and shall be accompanied by:
(a) a statement setting out the name and description of the applicant;
(b) the Judgment, Ruling or Order to be enforced with details and particulars;
(c) an affidavit in support;

(3) No application for enforcement of the Judgment, Ruling or order shall be made unless the leave of Court has been obtained in accordance with this Rule.

(1) Upon the granting of leave by the Court, the party seeking the enforcement of the Judgment, Ruling or Order shall apply to the Court by motion on notice and shall file along with the application:
(a) a Certified True Copy (CTC) of the judgment the party is seeking to enforce having the seal of the Court of the foreign jurisdiction, signature of the Judge who delivered the judgment and the date on which the Judgment was delivered;
(b) an affidavit in support of the application for enforcement, setting out the facts upon which the application is made; and
(c) a Written Address in support of the application containing a statement of facts and authorities.

(2) The party seeking the enforcement of the judgment shall serve the other party with an advance copy of all the processes within seven (7) days of filing the application.

The other party in the matter for enforcement of a Ruling or Judgment shall respond by filing a counter-affidavit with the other party’s Written Address in argument of the issues not later than seven (7) days after the receipt of the advance copy of the application.