Order 20 — Interim Attachment of Property

Where in any suit the subject matter:
(1) on which the Court has exclusive jurisdiction; the defendant or respondent, with intent to obstruct or delay the execution of any decree that may be made against the defendant, is about to dispose of the defendant’s property, or any part thereof, or remove any such property from the jurisdiction; or
(2) is founded on contract or tort or in which the cause of action arose within jurisdiction:
(a) the defendant or respondent is absent from jurisdiction or there is probable cause to believe that the defendant or respondent is evading service; and
(b) the defendant or respondent is beneficially entitled to any property in Nigeria in the custody or under the control of another person in Nigeria, or such person is indebted to the defendant or respondent, then, in either case, the claimant may apply to the Court either at the time of the institution of the suit or at any time thereafter before final judgment, to call upon the defendant or respondent to furnish sufficient security to fulfill any decree that may be made against the defendant or respondent in the suit, and on failing to give the security, or pending the giving of such security, to direct that any property (movable or immovable) belonging to the defendant or respondent shall be attached until the further order of the Court.

The application for attachment shall contain details of the property required to be attached, and the estimated value thereof so far as the claimant can reasonably ascertain, and the claimant shall, at the time of making the application declare that to the best of the claimant’s information and belief, the defendant or respondent is about to dispose of or remove the property with the intent stated in Rule 1 of this Order.

(1) Where the Court after making such investigation as it may consider necessary, is satisfied that the defendant or respondent is about to dispose of or remove the defendant or respondent’s property with intent to obstruct or delay the execution of the decree, the Court may order the defendant or respondent, within a time to be fixed by the Court, either to furnish security in such sum as may be specified in the order or to produce and place at the disposal of the Court when required, the said property, or the value of same or such portion thereof as may be sufficient to satisfy the decree, or to appear and show cause why the defendant or respondent should not furnish security.

(2) Pending compliance by the defendant or respondent with the order, the Court may by warrant direct the attachment until further order, of the whole, or any portion, of the property specified in the application.

(1) Where the defendant or respondent fails to show such cause, or to furnish the required security within the time fixed by the Court, the Court may direct that the property specified in the application if not already attached, or such portion thereof as shall be sufficient to satisfy the decree, be attached until a further order is made.

(2) Where the defendant or respondent shows such cause, or furnishes the required security and the property specified in the application or any portion of it shall have been attached, the Court may order the attachment to be withdrawn.

The attachment shall not affect the rights of persons not parties to the suit, and in the event of any claim being preferred to the property attached before judgment, such claim shall be investigated in the manner prescribed for the investigation of claims to property attached in execution of a decree.

In all cases of attachment before judgment, the Court may at any time remove the attachment, on the defendant or respondent furnishing security as above required, together with security for the costs of the attachment, or upon order for a non-suit or striking out the cause or matter.

(1) The application may be made to the Court in the Judicial Division where the defendant or respondent resides or in case of urgency, where the property proposed to be attached is situate and the Court may make such order as shall seem just.

(2) Where an order for the attachment of property is issued by a different Court from that in which the suit is pending, that Court shall, at the request of either party, transmit the application and proceedings to the Court in which the suit is so pending, retaining the property in the meantime under attachment or taking sufficient security for its value and the Court in which the suit is pending shall thereupon enquire into and proceed with hearing the application in accordance with the foregoing provisions, in such manner as may seem just.