Enforcement Of Judgement And Application Pending Trial Flashcards
Monetary judgements can be enforced……
Immediately
Enforcement of judgemment cannot be done on…..
Non - juridical days
Enforcement of judgment can only take place between… And….
6am and 6pm
….. properties must be first attended in satisfactory of a judgement debt
Movable properties
The movable properties attached to a fi fa shall not be sold within less than …… days and for immovable properties it is within …. days
5 days of the attachment for movable property and for immovable properties it is within 15 days
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.
8 km
Every judgement sale is required to be done between…. and…..
7am and 8pm
If the sale is for property of more than… naira there must be a notice of atleast … Days
If the sale is for property of more than 40 naira there must be a notice of atleast 4 Days
Application for attachment of immovable properties is done through
Motion on notice
Application for attachment for immovable property is done where?
It is done in the high court even where judgement is given by the magistrate court
Good title from a sale from attachment of an immovable property is gotten within…… Days if no one applies to set it aside
21 days
Good title from a sale from attachment of an immovable property is gotten within…… Days if no one applies to set it aside
21 days
A judgement debtor can be allowed as a….. Party in garnishee proceedings
Nominal party
Garnishee proceedings are initiated through a……
Motion ex-parte
A garnishee order nisi when granted must be served within….days
14 days
The form issued by the court for garnishee is form…..
SCPA form 26
A garnishee has….. Days to file an affidavit to show cause
8 days
The form filed by a judgment creditor in judgment summons is….. and the court will issue a judgment summons in ….. or ……
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
A writ of sequestration is pursuant to…..
A disobeyed judgement summons
A writ of sequestration is issued by…
The high court even when judgement is given by the magistrate court
A writ of sequestration is in form….
SCPA 69
The judgement sum for bankruptcy proceedings must not be less than……
2000 naira
A writ of possession is obtained by filing a preacipe as in …..
Form 3
A writ of possession cannot be issued until….
The time specified in the judgement has elapsed and if no time is specified, be it should within 14 days
A warrant of possession has a lifespan of… which is renewable for ……
3 months which is renewable for another 3 months but not more than 3 times
A writ of delivery is done in….
Form 67
Section….. Of the constitution provides that there is only one state high court
Section 270 of the CFRN
Application for registration for reciprocal judgement must be done within…… Of the delivery of the judgement.
6 years
Application for reciprocal judgement is by…..
Motion on notice
The law governing the enforcement of foreign judgements is……
The Foreign Judgement Reciprocal Enforcement Act
An application for enforcement of a Nigerian judgement abroad will not be granted where…..
A stay of execution has been granted concerning that judgement
According to ……no execution can be levied against the government
Sechon 7 of the petition rights act
Generally, an application pending appeal should be made to which court
It should be made to the lower court
If an application for stay of execution is refused at he lower court onanother application can be made to the court of appeal within…………
15 days
According to……. Of the court of appeal rules, every application to to the court of appeal shall be made by……..
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
Respondents have…. Days to respond to a notice of motion and the applicant shall have…..days to reply to the respondents processes
Respondents have 5Days to respond to a notice of motion and the applicant shall have 3days to reply to the respondents processes
At the court of appeal each written address must not exceed ….. Pages and the reply on point of law must not exceed….
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
At the appeal court a maximum of…..minutes is given on each side for oral arguments
15 minutes
A stay of execution is applied for by….
Motion on notice
Where an application is refused by the high court the applicant can ………. and if it is refused again the applicant can then ……….
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
Stay of execution does not apply to ……… judgements
Declaratory judgments
Conditions for stay of execution is contained in the case of……
Martins v. Nicannor foods
What is the stipulation of time for a hearing for stay of execution in Abuja?
28 days
What is the stipulation of time for a hearing for stay of execution in Lagos?
There is no time stipulation
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
90 days
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
14 days
Stay of proceedings is applied for through
Motion on notice
Where an application for stay of proceedings is refused at the high court another should be filed within …. days at the court of appeal
15 days
An application for injunction pending appeal can be made directly to… At first instance
The court of appeal
An interlocatory order declining jurisdiction is a…. Judgement
A final judgement
The only option where a party unassisted with a declaratory relief is…..
Injunction pending appeal
