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Civil Procedure > Enforcement Of Judgement And Application Pending Trial > Flashcards

Enforcement Of Judgement And Application Pending Trial Flashcards

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Civil Procedure 1L flashcards
1
Q

Monetary judgements can be enforced……

A

Immediately

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2
Q

Enforcement of judgemment cannot be done on…..

A

Non - juridical days

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3
Q

Enforcement of judgment can only take place between… And….

A

6am and 6pm

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4
Q

….. properties must be first attended in satisfactory of a judgement debt

A

Movable properties

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5
Q

The movable properties attached to a fi fa shall not be sold within less than …… days and for immovable properties it is within …. days

A

5 days of the attachment for movable property and for immovable properties it is within 15 days

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6
Q

It the place of attachment is not within…..km, from the sort that issued a writ, the sale may be authorized to take place in some other place.

A

8 km

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7
Q

Every judgement sale is required to be done between…. and…..

A

7am and 8pm

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8
Q

If the sale is for property of more than… naira there must be a notice of atleast … Days

A

If the sale is for property of more than 40 naira there must be a notice of atleast 4 Days

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9
Q

Application for attachment of immovable properties is done through

A

Motion on notice

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10
Q

Application for attachment for immovable property is done where?

A

It is done in the high court even where judgement is given by the magistrate court

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11
Q

Good title from a sale from attachment of an immovable property is gotten within…… Days if no one applies to set it aside

A

21 days

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12
Q

Good title from a sale from attachment of an immovable property is gotten within…… Days if no one applies to set it aside

A

21 days

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13
Q

A judgement debtor can be allowed as a….. Party in garnishee proceedings

A

Nominal party

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14
Q

Garnishee proceedings are initiated through a……

A

Motion ex-parte

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15
Q

A garnishee order nisi when granted must be served within….days

A

14 days

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16
Q

The form issued by the court for garnishee is form…..

A

SCPA form 26

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17
Q

A garnishee has….. Days to file on affidavit to show cause

A

8 days

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18
Q

The form filed by a judgment creditor in judgment summons is….. and the court will issue a judgment summons in ….. or ……

A

The form filed by a judgment creditor in judgment summons is SCPA Form 13 and the court will issue a judgment summons in **Form 14
** or Form 15

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19
Q

A writ of sequestration is pursuit to…..

A

A disobeyed judgement summons

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20
Q

A writ of sequestration is issued by…

A

The high court even when judgement is given by the magistrate court

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21
Q

A writ of sequestration is in form….

A

SCPA 69

22
Q

The judgement sum for bankruptcy proceedings must not be less than……

A

2000 naira

23
Q

A writ of possession is obtained by filing a preacipe as in …..

A

Form 3

24
Q

A writ of possession cannot be issued until….

A

The time specified in the judgement has elapsed and if no time is specified, be it should within 14 days

25
Q

A warrant of possession has a lifespan of… which is renewable for ……

A

**3 months*b which is renewable for another 3 months but not more than 3 times

26
Q

A writ of delivery is done in….

A

Form 67

27
Q

Section….. Of the constitution provides that there is only one state high court

A

Section 270 of the CFRN

28
Q

Application for registration for reciprocal judgement must be done within…… Of the delivery of the judgement.

A

6 years

29
Q

Application for reciprocal judgement by…..

A

Motion on notice

30
Q

The law governing the enforcement of foreign judgements is……

A

The Foreign Judgement Reciprocal Enforcement Act

31
Q

An application for enforcement of a Nigerian judgement abroad will not be granted where…..

A

A stay of execution has been granted concerning that judgement

32
Q

According to ……no execution can be levied against the government

A

Sechon 7 of the petition rights act

33
Q

Generally, an application pending appeal should be made to which court

A

It should be made to the lower court

34
Q

If an application for stay of execution is refused at he lower court onanother application can be made to the court of appeal within…………

A

15 days

35
Q

According to……. Of the court of appeal rules, every application to to the court of appeal shall be made by……..

A

According to Order 6 Rule 1 Of the court of appeal rules, every application to to the court of appeal shall be made by notice of motion

36
Q

Respondents have…. Days to respond to a notice of motion and the applicant shall have…..days to reply to the respondents processes

A

Respondents have 5Days to respond to a notice of motion and the applicant shall have 3days to reply to the respondents processes

37
Q

At the court of appeal each written address must not exceed ….. Pages and the reply on point of law must not exceed….

A

At the court of appeal each written address must not exceed 5 pages and the reply on point of law must not exceed 3 pages

38
Q

At the appeal court a maximum of…..minutes is given on each side for oral arguments

A

15 minutes

39
Q

A stay of execution is applied for by….

A

Motion on notice

40
Q

Where an application is refused by the high court the applicant can ………. and if it is refused again the applicant can then ……….

A

Where an application is refused by the high court the applicant can make a second application at the court of appeal and if it is refused again, the applicant can then appeal to the court of appeal

41
Q

Stay of execution does not apply to ……… judgements

A

Declaratory judgments

42
Q

Conditions for stay of execution is contained in the case of……

A

Martins v. Nicannor foods

43
Q

What is the stipulation of time for a hearing for stay of execution in Abuja?

A

28 days

44
Q

What is the stipulation of time for a hearing for stay of execution in Lagos?

A

There is no time stipulation

45
Q

In Lagos, for a stay of execution to be granted, a record of appeal must be filed within…… Days from the date of filing notice of appeal

A

90 days

46
Q

In Abuja, for a stay of execution to be granted, a record of appeal must be filed within…… Days from the date of filing notice of appeal

A

14 days

47
Q

Stay of proceedings is applied for through

A

Motion on notice

48
Q

Where an application for stay of proceedings is refused at the high court another should be filed within …. days at the court of appeal

A

15 days

49
Q

An application for injunction pending appeal can be made directly to… At first instance

A

The court of appeal

50
Q

An interlocatory order declining jurisdiction is a…. Judgement

A

A final judgement

51
Q

The only option where a party unassisted with a declaratory relief is…..

A

Injunction pending appeal

Civil Procedure (15 decks)

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