Section 66 Sheriffs and Civil Process Act

Section 66 of the Sheriffs and Civil Process Act 1945 is about Non-attendance of judgment debtor. It provides as follows:

If a party summoned as a judgment debtor shall not attend as required by the summons and shall not excuse his non-attendance to the satisfaction of the court or shall refuse to be sworn or to disclose the matters on which he shall be examined, or shall not answer to the satisfaction of the court, or if it appears to the court by an examination of a judgment debtor or other evidence-
Refusal to satisfy judgment

(a) that the judgment debtor has then or has had since the judgment sufficient
means to pay the money directed to be paid by him, or part thereof, and has
made default in payment, and that such default is due to his refusal or wilful
neglect to pay on demand; or

Fraudulent disposition
(b) that with intent to defraud or delay his creditors or any of them he has made or suffered any gift, delivery or transfer of any property, or removed property
from the jurisdiction of the court; or

Debt contracted by fraud
(c) that the debt or liability in respect of which the judgment has been given, has
been contracted or incurred by him by fraud or false pretence or breach of trust
committed by him, or by reason of any damages which he has been adjudged
to pay on account of any assault or slander committed by him; or

See also  Section 19 Nigeria Data Protection Act 2023

Forbearance obtained by fraud
(d) that forbearance of the debt was obtained by him by fraud or false pretence; or

Debt recklessly contracted
(e) that the debt or liability was wilfully contracted or incurred by him without his
having at the same time a reasonable expectation of being able to payor discharge it; or

Disobedience of judgment other than for money
(f) that the judgment debtor under a judgment other than for the payment of
money has then or has had since the judgment the power of complying with the judgment and has refused or neglected to do so,
then and in any such case the court may, without prejudice to any of its powers in relation to judgment summonses herein before conferred, issue a warrant for the arrest of such judgment debtor and his detention in custody, or for his detention if already in custody, until further order, or if it thinks fit may make an order calling upon such judgment debtor to show cause why he should not be punished for his misconduct.

[/membership]

Leave a Reply

Your email address will not be published. Required fields are marked *