Grounds Upon Which A Nigerian Court Will Set Aside Execution Of A Judgment

The essence of civil proceedings is for the judgment creditor to enjoy the fruits of his Judgment. This may be achieved by the judgment creditor executing the Judgment by the attachment and sale of the moveable or immovable property of the judgment debtor, attachment of funds belonging to the judgment debtor in the possession of a third party under the garnishee proceedings or committal of the judgment debtor to prison for refusal to settle the judgment debt under the judgment summons proceedings. However the following are the grounds upon which a Nigerian Court will set aside execution of a Judgment;

(i) If the judgment creditor executed the Judgment against a person other than the judgment debtor;