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ARTICLE · 18 FEBRUARY 2020

A Focus On Writ Of Fieri Facias And Garnishee Proceedings

The end product of every litigation is a judgment which determines the right and obligations of the parties in respect of the cause of action subject to the right to appeal.

NigeriaLitigation, Mediation & Arbitration

INTRODUCTION

The end product of every litigation is a judgment which determines the right and obligations of the parties in respect of the cause of action subject to the right to appeal. When judgment is delivered, the party in whose favour the judgment was delivered would usually take steps to enforce and execute the judgment in order to reap the fruit of the judgment. By the general human behaviour, Court orders would generally not be complied with if enforcement procedures are not laid down, this explains the purpose of judgment enforcement procedures.

There are basically two parties in the enforcement of judgment viz: the Judgment creditor and judgment debtor but in garnishee proceedings, we would also have the garnishee as a party. A party in whose favour judgment has been given is called a judgment creditor, while the party against whom the judgment was given is called the judgment debtor. It must be noted however that the fact that the terms "creditor" and

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