LEGAL PRINCIPLE: ENFORCEMENT OF JUDGMENTS — Committal Proceedings — Forms 48 and 49 — Correct Procedure
PRINCIPLE STATEMENT
The correct procedure for initiating committal proceedings is to serve a notice in Form 48 followed by a notice in Form 49 if the order remains disobeyed.
RATIO DECIDENDI (SOURCE)
Per Agbaje, JSC, in Hart v. Hart (1990) NLC-521983(SC) at p. 27; Paras A–C.
"In the instant case, a copy of the orders of Pepple, J., as modified by the Court of Appeal endorsed with a notice in Form 48 of the judgment (Enforcement) rules was served on the defendant/appellant under Order 9 Rule 13(1) of the rules. Later, when it appeared to the plaintiff/respondent that the defendant/appellant failed to obey the orders in question, the former caused a notice in Form 49 of the rules to be issued and served on the latter. In the circumstances I have just set down, I am satisfied that the correct procedure had been adopted by the plaintiff/respondent in the initiation of committal proceedings against the defendant/appellant under Section 71 of the law."
EXPLANATION / SCOPE
Committal proceedings for disobedience of court orders require service of Form 48 (notice of the order) and, if disobedience continues, Form 49 (notice of application for committal). The procedure is prescribed by the Judgment (Enforcement) Rules. Form 48 warns the party of the consequences of disobedience. Form 49 initiates the committal application. Strict compliance with the procedure is required. The court will not enforce committal if the forms are not properly served. The principle ensures that the contemnor has adequate notice of the order and the consequences of non-compliance. The procedure protects the contemnor’s right to fair hearing. Proper service is essential.