Enforcing Monetary Judgments In Nigeria: Garnishee Proceedings, Writ Of Execution & Judgment Debtor Summons Explained

The age-old legal maxim: interesse rei publicae ut sit finis litium, meaning “it is in the public interest that there be an end to litigation,” does not always reflect the post-judgment reality in Nigeria. More often than not, the real battleground for a successful litigant begins not when judgment is delivered, but when the judgment debtor refuses to comply. It is against this background that the legal framework for judgment enforcement in Nigeria assumes its greatest practical significance.

It is trite that every successful litigant is entitled to the fruits of his judgment. The overriding purpose of judgment enforcement is to enable them to reap those fruits. Accordingly, where a judgment debtor fails or refuses to voluntarily comply with the terms of a judgment, enforcement of such judgment becomes not merely necessary, but inevitable.