Section 44 Sheriffs and Civil Process Act

Section 44 of the Sheriffs and Civil Process Act 1945 is about Levy of execution upon immovable property. It provides as follows:

If sufficient movable property of the judgment debtor can be found in the Federal
Capital Territory, Abuja or the State, as the case may be, to satisfy the judgment and costs and cost of execution, execution shall not issue against his immovable property, but if no movable property of the judgment debtor can with reasonable diligence be found, or if such property is insufficient to satisfy the judgement and costs and the costs of execution, and the judgment debtor is the owner of any immovable property, the judgment creditor may apply to the court for a writ of execution against the immovable property of the judgment debtor, and execution may issue from the court against the immovable property of the judgment debtor in accordance with the provisions of this Act, and any rules made thereunder:

Provided that where the judgment has been obtained in a magistrate’s court execution shall not issue out of the magistrate’s court against the immovable property but shall issue out of the High Court upon the conditions and in the manner prescribed.