Section 112 Sheriffs and Civil Process Act

Section 112 of the Sheriffs and Civil Process Act 1945 is about Transitional provisions. It provides as follows:

(1) A judgment of the former Supreme Court which was given or made before the
commencement of this Part shall be deemed for the purposes of this Act to be a judgment of the High Court of that State or the Capital Territory in which the judicial division in which it was given or made (as delimited on the date of the judgment) is included and the like proceedings may be taken under any of the provisions of this Act upon such judgment as if the judgment had been a judgment of the High Court of that State or the Capital Territory.
lL.N. 47 of 1955.]

(2) A judgment of a magistrate’s court which was given or made before the com-
mencement of this Pari shall be deemed to be a judgment of a magistrate’s court of that State or the Capital Territory in which the magisterial district in which it was given or made (as delimited at the date of the judgment) is included and the like proceedings may be taken under any of the provisions of this Act upon such judgment as if the judgment had been a judgment of a magistrate’s court of that State or the Capital Territory.

(3) Where a judicial division or magisterial district in which judgment to which subsection (1) or (2) of this section applies was given or made is included in more than one State or in both a State and the Capital Territory, the judgment of the High Court or magistrate’s court, as the case may be, of the State or the Capital Territory in which the place shown on the record of the proceedings as the place of the holding of the court is situate and the provisions of subsection (1) or (2) of this section shall apply accordingly.

(4) Where, in respect of a judgment deemed by this section to be a judgment of a
court of a State or the Capital Territory-
(a) a writ of execution has been transferred before the commencement of this Part under the provisions of section 37 of this Act to a division of the High Court or a district of a magistrate’s court which is in another State or the Capital Territory; or

(b) a judgment summons has been issued out of a division of the Supreme Court
or a district of a magistrate’s court which is in another State or the Capital Territory, the registrar or proper officer of the corresponding division or district of the High Court or magistrate’s court, as the case may be, in that other State or the Capital Territory shall, upon the application of the judgment creditor, enter the judgment in the Nigerian Register of Judgments, and thereafter the like proceedings may be taken under this Act as if a certificate had been obtained and the judgment registered in that court in accordance with the provisions of this Part.

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