Order 49 — Enforcement of Judgments and Orders

(1) The power of the Court to enforce its judgments and orders shall be exercised by issuance of a Writ of Execution or by Writ of Possession in a case in which the Court has given judgment or order for possession of landed property.

(2) The Court shall, after trial, deliver its judgment in open court and shall direct the judgment to be entered.
Provided that where the Court reserves its judgment at the hearing, parties to the suit and their Counsel shall take notice of the date for attendance; but the Court may also direct that they be served with notice to attend the Court on the day of delivery of judgment.

(1) A writ of execution or Writ of Possession of the Judgment of the Court shall not be issued by the Court unless the date fixed for the Judgment to be obeyed or complied with has elapsed.

(2) Where no date is fixed by the Court, an Order of execution of the Judgment shall only be made after twenty-one (21) working days of delivery of the Judgment seeking to be enforced.

A party wishing to enforce the judgment or order of the Court made in the party’s favour shall first obtain leave to issue a writ of execution or Writ of Possession.

(1) A writ of Execution or Writ of Possession of the Judgment of the Court may be enforced by the Deputy Sheriff or any other Officer of the Court so ordered or empowered to enforce same by the President of the Court or by the rules of the Court.

(2) The Deputy Sheriff or any other officer so ordered or directed may be accompanied by a law enforcement agent in the discharge of the assignment.

The enforcement of the writ of execution or Writ of Possession of the Judgment of the Court shall be carried out between the hours of 6.00 a.m. and 6.00 p.m. of a working day.

(1) An application for leave to issue a Writ of Execution OR Writ of Possession or proceed to execute or otherwise enforce a judgment or order of the Court may be made by motion ex-parte unless the Court directs it to be made by summons.

(2) Such an application shall be supported by an affidavit:
(a) Identifying the order or judgment to which the application relates and, if the judgment or order is for payment of money or, stating the amount originally due thereunder and the amount due on the date of the application. In the case of possession of a landed property, the address or location of the landed property and other documents relating to the landed property under judgment or order of the Court.
(b) Stating that a demand to satisfy or comply with the judgment or order has been made on the person liable to satisfy it and that the person has failed or refused to do so.
(c) Giving such other information as is necessary to satisfy the Court that the applicant is entitled to proceed to execution on the judgment or order in question and that the person against whom it is sought to issue is liable to execution on it, and
(d) a Written Address.

(3) The Court on hearing the application may grant leave in accordance with the application or may order that any issue or question, a decision on which is necessary to determine the rights of the parties, be tried in any manner in which any question of fact or law arising in an action may be tried and, in either case, may impose such terms as to costs or otherwise as it thinks just.

(1) The issuance of a writ of execution takes place on its being sealed by an officer of the Court so authorized to seal court processes.

(2) A praecipe for the issuance of a writ of execution shall be filed before the writ is issued.

(3) The praecipe shall be signed by the counsel to the person entitled to the execution or if that person is acting in person, by that person.

(4) No such writ of execution shall be sealed unless at the time of the tender thereof for sealing:
(a) the person tendering the writ of execution produces:
(i) the judgment or order on which the writ is to be issued; and
(ii) the leave of Court for issuance of the writ or evidence of granting of leave.
(b) the officer authorized to seal is satisfied that the period, if any, specified in the judgment or order for payment of any money or the doing of any other act hereunder has expired.

(5) Every writ of execution shall bear the date of the day on which it is issued.

(1) For the purpose of execution, a writ of execution is valid in the first instance for six (6) months beginning from the date of issue.

(2) Where the writ was not wholly executed, the Court may by order extend the validity of the writ from time to time for a period of twelve (12) months at any time beginning with the date on which the order is made, if an application for extension is made to the Court before the next day following that on which the writ would otherwise expire or such later day, if any, as the Court may allow.

(3) Before a writ, the validity of which has been extended under this rule is executed, either the writ shall be sealed with the seal of the office out of which it was issued showing the date on which the order extending its validity was made or the applicant for the order shall serve a notice sealed as aforesaid, on the Sheriff to whom the writ is directed informing the Sheriff of the making of the order and the date thereof.

(4) The production of a writ of execution, or of the notice as mentioned in sub-rule (3) of this rule purporting in either case to be sealed as mentioned in that sub-rule, shall be evidence that the validity of that writ, or, as the case may be, of the writ referred to in that notice, has been extended under this rule.

The cost of execution shall be borne by the party applying for the writ.

In the execution of the judgment of the Court as provided in this Order, where a movable property is subject of a FiFa and brought to the precincts of the Court and a judgment debtor files a stay of execution pending appeal, the Court after hearing the parties, may order that:
(a) the motion be refused;
(b) the motion is allowed on the condition that the judgment debt be paid into an interest yielding account (escrow) with the account name “The Chief Registrar of the National Industrial Court of Nigeria” and such monies shall be released to whoever succeeds in the appeal.

(1) Where a Judgment or Order directs the payment of money, the Court may, for any sufficient reason, order that the amount shall be paid by installments, with or without interest.

(2) The Order may be made at the time of giving judgment, or at any time afterwards and may be rescinded upon sufficient cause at any time.

Where there is an application by the Judgment creditor before the Court to enforce payment of all judgment sums due to the judgment creditor from a defaulting judgment debtor, the Court may where it deems it fit and expedient further direct as follows:
(1) Where the defaulting judgment debtor is a paid employee or salary earner, the judgment debtor shall file a necessary counter-affidavit stating reasons for the inability to abide by the orders of the Court for payment of the judgment sum, accompanied by relevant documents including the judgment debtor’s current pay-slip which shall be exhibited as justification for the default or otherwise.

(2) Where the judgment debtor is a self-employed person, the judgment debtor shall file a necessary counter-affidavit stating sufficiently to the satisfaction of the Court, the reasons for the inability to obey the orders of the Court accompanied by the statement of account or any other document as proof of the judgment debtor source of income.

The judgment debtor may on application to the Court request for payment in installment of the judgment debt.

The judgment debtor shall file along with his or her or its application for instalment payment of the judgment debt an affidavit:
(i) depositing to the judgment debtor’s reasons for his or her or its inability to pay the judgment debt as ordered by the Court;
(ii) stating how the judgment debtor intends to liquidate the judgment debt;
(iii) stating the number of installments and the amount to be paid per installment.

The judgment creditor/respondent upon service of the motion on notice may file a counter-affidavit within seven (7) working days of the receipt of the judgment debtor’s application for instalment payment.

The Court on hearing the parties may grant the application, if the judgment debtor satisfies the Court by exhibiting such willingness and readiness by the payment of the first installment at the hearing of the application.

Where a judgment debtor defaults in payment of any instalment, the Court may order that the judgment should be executed and whatever proceeds are realized from the execution shall be used to liquidate the balance due to the judgment creditor.

Where the proceeds realized from the execution of the judgment exceeds the balance due to the judgment creditor, the excess remaining after liquidating the balance due to the judgment creditor shall be refunded to the judgment debtor.

Where the proceeds realized from the execution of the judgment are insufficient to liquidate the balance due to the judgment creditor, the judgment creditor may apply to the Court for further execution of the judgment and the Court on hearing the parties may grant or refuse to grant the application for further execution of the judgment and may make necessary order in relation to the execution of the judgment.

Where the Court has delivered a monetary judgment in favour of any of the parties in the case before it, the winning party may apply to the Court for the enforcement of the judgment by filing a garnishee proceeding amongst other procedure as may be allowed under National Industrial Court Act, 2006 or any other Act or Rules of this Court.

(1) Where the Court makes an Order that judgment debt be paid into an interest yielding account in line with the provisions of Order 36 rule 6 of these Rules, and on appeal by the judgment debtor to the appellate Court, the judgment debtor succeeds, he shall ask for the release of the deposited sum by filing a motion of notice accompanied by:
(i) an affidavit;
(ii) Certified True Copy of the order or judgment of the appellate Court; and
(iii) a Written Address.

(2) Upon receipt of the application and being satisfied with the order or judgment of the appellate Court, the Court may direct the Chief Registrar to release the deposited sum to the judgment debtor.

(3) On receipt of the Order of the Court, the Chief Registrar shall release the deposited sum to the judgment debtor accordingly.

(1) Where the Court makes an Order that judgment debt be paid into an interest yielding account in line with the provisions of Order 36 rule 6 of these Rules, and on appeal by a judgment debtor to the appellate Court, the judgment debtor fails or his case is dismissed or struck out, the judgment creditor shall apply for the release of the judgment debt which was paid as directed by the order or judgment of the Court by filing a motion of notice accompanied by,
(i) an affidavit;
(ii) Certified True Copy of the order or judgment of the appellate Court; and
(iii) a Written Address.

(2) Upon receipt of the application and being satisfied with the order or judgment of the appellate Court, the Court may direct the Chief Registrar that the said judgment debt be paid to the judgment creditor.

(3) On receipt of the Order of the Court, the Chief Registrar shall release the deposited sum to the judgment creditor.

The motion on notice shall be served on the judgment debtor in line relevant provisions of the rules of this Court.

(1) Where upon full liquidation of a judgment debt and there is no pending appeal or motion before the Court, any property attached as security for the judgment debt shall be released to the judgment debtor within 30 thirty days.

(2) Where the judgment debt is not fully liquidated, the Court shall proceed with the execution of the judgment on the attached property in line with relevant provisions of rules 17, 18 and 19 of this Order.

Where an application to enforce the decision of the Supreme Court, Court of Appeal or decision of any other superior court of records is filed before the Court, the Court shall deem the decision of that superior Court of record as if it were its own and the enforcement shall be carried out in accordance with relevant provisions of this Order.