Order 2 of the Judgments (Enforcement) Rules is about General. It contains the following rules:

1. Court and chamber practice
   Subject to any provision to the contrary, where anything is required by these Rules to be done before or by a court, the same shall be done before a judge or magistrate as the case may require sitting as a court; and where anything is required to be done before or by a judge or magistrate, the same may be done before or by a judge or magistrate, as the case may require, either sitting as a court or in chambers.
2. Provisions as to time
   Subject to the provisions of any Act or Law as the case may be, fixing the times and places for sittings of the court, and to the provisions of any Act fixing the time for doing any act, ajudge or magistrate, in his discretion-
   [L.N. 47 of 1955.]
   (a) where the time for doing any act is prescribed by these Rules or fixed by any judgment, may, as often as he thinks fit, and either before or after the expiration of that time, enlarge or abridge that time; and
   (b) where the time for doing any act is not prescribed by these Rules, may fix that time, and the time so fixed shall be deemed to be the time prescribed by these Rules, and may be enlarged or abridged accordingly.

3. Parties may not alter times
   The parties may not by consent enlarge or abridge any of the times prescribed by these Rules for doing any act.
4. No execution on public holiday
   Execution shall not be effected on a Sunday or public holiday, nor before 6 a.m. nor after 6 p.m., unless the judge or magistrate directs otherwise by order endorsed on the process to be executed.
5. Money in court to be paid out when due
   Where any money paid into a court under an Act or rule is or becomes payable to any party, officer, or person, the registrar shall inform such party, officer or person and pay the money out of court to him, subject to the approval of the judge or magistrate:
   Provided that money payable to a party or to any person not in an official capacity shall not be paid out before demand made by such party or person.
6. Unexpected fees and expenses
   Where-
   (a) a judgment creditor pays any sum of money for the subsistence of a judgment debtor or for the expenses of his conveyance to prison, and the judgment debtor is liberated after having been imprisoned for a shorter period than that in respect of which the subsistence money was paid, or before being imprisoned, or the order or warrant is superseded or stayed before imprisonment; or
   (b) a judgment creditor pays any sum of money in respect of fees for keeping possession of attached property, and the execution is superseded or finally stayed, or the property is sold, before such sum, or some part of it, has become due and payable to the sheriff,
   then such sum or the balance thereof shall be payable to the judgment creditor by or through the court into which the sum was first paid by him.

7. Method of making payments by officer or bailiff
   (1) An officer or bailiff who is required by the Act or these Rules to pay money to any person shall either-
   (a) hand, or cause to be handed, to the person to whom the money is required to be paid, or to his agent, the amount of the money in cash; or
   (b) pay the money into the Treasury and send the Treasury deposit receipt to the person to whom the money is to be paid.
   By private individual
   (2) A person other than an officer or bailiff who is required by the Act or these Rules to pay money to any officer or bailiff may pay the money into the Treasury and send the Treasury deposit receipt to the officer or bailiff to whom the money is to be paid.

8. Notices, etc.: how given
   Subject to any provision to the contrary-
   (a) where any certificate or notice is required to be given, sent, or delivered under the Act or these Rules, it shall be in writing and subject to paragraph (e) of this rule, in the prescribed form, if any;
   (b) where any notification is required under these Rules it shall be in writing;
   (c) where any information is required to be given under these Rules, it may be
   given in writing or by word of mouth;
   (d) where any written information or other document is required to be given, sent, or delivered, it may, subject to paragraph (e) of this rule, be sent by hand or by post, whichever is the more expeditious; and if posted by an officer it shall be registered;
   (e) where circumstances so require, a brief note of the issue or dispatch, and the contents and effect of any certificate, notice, notification, or written information may be sent by telegram, and such telegram, and the dispatch thereof, shall, until receipt of such certificate, notice, notification, or written information, have the same validity and effect as the original certificate, notice, notification, or written information and the posting thereof;
   (f) any such telegram sent by an officer shall be franked by him, but the judge or magistrate may, if he sees tit, direct the expenses of sending it to be paid to the court by any party, and any expenses so paid or ordered to be paid shall be
   costs in the proceedings.

9. Filing
   (1) The original or a true copy of every process and every other document shall be filed in the appropriate suit file.
   (2) No document shall be filed unless it has entered or endorsed on it the name and number of the proceeding, the date of tiling, and whether filed by the judgment creditor or the judgment debtor, or as the case may be; and on being filed such entry or endorsementshall be initialled by the registrar.
10. Applications and motions
    Subject to any provision to the contrary, any application by a party for an order or direction of a court in relation to any judgment, execution, or process shall be made in the same manner as an application for an interlocutory order in that court.
11. Security
    Where by or under the Act or these Rules any person is required or authorised to give security, the security shall be given in the same manner and subject to the same conditions as security in relation to other proceedings in the court before which the security is taken.
12. Method of enforcing interlocutory orders
    Without prejudice to any other means of enforcement authorised by the Act or these Rules, an interlocutory order may be enforced according to the following provisions-
    (a) if a plaintiff in a suit makes default or fails in fulfilling any interlocutory order,
    the court may, if it thinks fit, stay further proceedings in the suit until the order
    is fulfilled, or may give a judgment or non-suit against such plaintiff, with or
    without liberty of bringing any other suit on the same grounds of action, or
    may make such other order on such terms as to the court shall seem just;
    (b) if a defendant in any suit makes such default or failure the court may give
    judgment by default against such defendant, or make such other order as to the court may seem just; but any such judgment by default may be set aside by the court upon such terms as to the costs or otherwise as the court may think fit.

13. Cross judgment
    If there be cross judgments between the same parties for the payment of money, execution shall be taken out by that party only who shall have obtained a judgment for the larger sum, and for so much only as shall remain after deducting the smaller sum, and satisfaction for the smaller sum shall be entered on the judgment for the larger sum as well as satisfaction on the judgment for the smaller sum, and if both sums shall be equal satisfaction shall be entered upon both judgments.
14. Court may stay execution in certain cases of previous judgment
    Whenever any proceeding shall be pending in the court against the holder of a previous judgment of the court by the persons against whom the judgment was given, the court may, if it appear just and reasonable to do so, stay execution of the judgment either absolutely or on such terms as it may think just until a judgment shall be given in the pending proceeding.
15. Where judgment conditions
    Where the judgment is to the effect that any party is entitled to any relief, subject to or upon the fulfilment of any condition or contingency, the party so entitled may, upon the fulfilment of the condition or contingency, and demand made upon the party against whom he is entitled to relief, apply to the court for leave to issue execution; and the court may, if satisfied that the right to relief has arisen according to the terms of the judgment, order that execution issue accordingly, or may direct that any issue or question necessary for the determination of the rights of the parties be tried as in a suit.

16. Orders in favour of or against persons not parties
    Where a person not being a party in a proceeding obtains an order or has an order made in his favour, he shall be entitled to enforce obedience to such order by the same process as if he were a party in the proceeding; and any person not being a party in a proceeding against whom obedience to any judgment may be enforced, shall be liable to the same process for enforcing obedience to such judgment as if he were a party to the proceeding.
17. Death of judgement debtor before execution
    If any person against whom a judgment has been given shall die before execution has been fully had thereon, application for execution thereof may be made against the legal representative or the estate of the person so dying as aforesaid; and if the court shall think proper to grant such application, the judgment may be executed accordingly.
18. Mode of execution under preceding rule
    If the judgment is ordered to be executed against the legal representative, it shall be executed in the manner provided by the next succeeding rule of this Order for the execution of a judgment for money to be paid out of the property of a deceased person.
19. Judgments against representatives and estate of deceased person
    If the judgment be against a party as the representative of a deceased person, and such judgment be for money to be paid out of the property of the deceased person, it may be executed by the attachment and sale of any such property; or, if no such property can be found, and the judgment debtor fail to satisfy the court that he has duly applied such property of the deceased as shall be proved to have come into his possession, the judgment may be executed against the judgment debtor to the extent of the property not duly applied by him, in the same manner as if the judgment had been against the judgment
    debtor personally.

20. Against sureties
    Whenever a person has become liable as security for the performance of a judgment or of any part thereof, the judgment may be executed against such person to the extent to which he has rendered himself liable, in the same manner as a judgment may be enforced against a judgment debtor.
21. Execution against a firm
    (1) Where a judgment is against a firm, execution may issue as follows-
    (a) against any property of the partnership;
    (b) against any person who has admitted in the proceeding that he was a partner when the cause of action arose, or who has been adjudged to be liable as a partner;
    (c) against any person who was individually served with the summons as a partner or a person sought to be made liable-
    (i) if there was a trial and the person so served failed to appear at the trial;
    or
    (ii) if the proceeding was an action on the undefended list in the Supreme
    Court or in the High Court or a default action in a magistrate’s court, and judgment was entered in default of defence.

(2) If the judgment creditor claims to be entitled to issue execution against any other
person as a partner, he may apply to the court on notice to the alleged partner for leave so to do and the following provisions shall apply-
(a) the notice shall be served on the alleged partner personally;
(b) on the hearing of the application the court may, if liability is not disputed,
give leave to issue execution and, if liability is disputed, may order the issue of liability to be tried in such manner as the court thinks fit and may give all necessary directions for that purpose.
(3) Except as against property of the partnership, a judgment against the firm shall
not render liable, release, or otherwise affect any partner who was out of Nigeria when the summons was issued, unless he has been individually served with the summons.

22. Execution: claim by pers on not a party in regard to property attached
    Every process may lawfully be carried into effect in any place within Nigeria where the defendant or judgment debtor or his movable or immovable property may be found or met with:
    Provided that should any person not a party to the proceeding claim an interest in any attached property, real or personal, the sale thereof shall not proceed until the claim has been decided by a court being in the area where such property is situated and having jurisdiction to adjudicate upon such claim.
23. Where political or other trouble likely to result from execution of writ
    A court may, if it appears likely that process cannot be carried into effect without causing political or other trouble, address the same to the Governor of the State, or the chairman of the local government council, where it is to be executed with a request that it shall be carried into effect, and such Governor or chairman shall thereupon cause the same to be carried into effect.
24. Where process to be issued
    Except for the purposes of sections 44 and 55 of the Act and rule 13 of Order IV, process, other than a warrant issued from the High Court to arrest an absconding defendant, and a writ of interim attachment, shall issue from the court before which the proceeding is pending or which gave the judgment sought to be enforced, as the case may be, and from no other court.
    [L.N. 47 of 1955.]
25. No transfer to High Court
    Except for the purposes of section 44 of the Act and rule 13 of Order IV, no proceeding in a magistrate’s court shall be transferred, for the purpose of enforcing any judgment therein, to the High Court.

26. Where process to be executed
    (1) Process, other than a warrant issued from a magistrate’s court to arrest an absconding defendant, and a judgment summons, shall be executed by or through the court for the division or district where the person or property sought to be affected is or is situate and by no other court.
    (2) Where a process other than a judgment summons or a warrant issued in a magistrate’s court to arrest an absconding defendant is required to be executed outside the division or district of the court from which it is issued, sections 37 and 39 of the Act and rule 28 of this Order shall apply:
    [L.N. 47 of 1955.]
    Provided that no such process issued from a magistrate’s court for the enforcement of a judgment given in that court shall be sent for execution to the High Court.
27. Transfer for issue of judgment summons, or for execution against land
    (1) Where, subject to the provisions of rule 25 of this Order, a judgment creditor desires to issue a judgment summons in a court other than that in which the judgment was given, or the judgment was given in a magistrate’s court and the judgment creditor desires to issue in the High Court any process affecting the immovable property of the judgment debtor which may not lawfully issue out of a magistrate’s court, the judgment creditor may apply to the court in which the judgment was given for the transfer of the proceedings subsequent to judgment to a court having jurisdiction to issue the judgment summons or process against immovable property.
    (2) The application may be made in like manner and form as an application by a party to a cause or matter for a transfer thereof before judgment.

(3) Upon such application, all or any of the proceedings subsequent to judgment may be transferred to the court to which transfer is requested, in the manner, and upon the same conditions upon which, and with the same effect with which, the cause or matter in which the judgment was given might have been transferred to that court before judgment.
(4) When the proceedings have been transferred to the other court, payments under
the judgment shall be made into that court, and, subject to sections 44 and 55 of the Act, any judgment summons or other process for enforcing the judgment shall be issued by that court.
(5) If the judgment creditor subsequently desires to issue a judgment summons, or
any process affecting the immovable property of the judgment debtor, in another court, he may make an application to the court to which the proceedings have been transferred and the provisions of paragraphs (1) to (5) of this rule shall apply with the necessary modifications.
(6) Process and documents in transferred proceedings shall be commenced according to Form 35.

28. Process sent to a foreign court
    (l) Every process sent to a foreign court for execution shall be accompanied by a warrant in Form I I in accordance with sections 37 or 39 of the Act.
    [Form 11. Cap. S7. Schedule.]
    (2) The registrar ofthe home court shall pay to the registrar of the foreign court any subsistence money paid in respect of a warrant or order of commitment or warrant of arrest and detention sent to a foreign court, and subsequent payments of subsistence money shall be paid by the judgment creditor to the registrar of the foreign court.
    (3) Where, under any process sent to a foreign court, money is received by the registrar of that court, he shall, unless interpleader proceedings are pending, pay the money to the home court accompanied by a return in Form 12.
    [Form 12. Cap. S6. Schedule.]
    (4) Where interpleader proceedings are pending, the registrar shall postpone making the return under paragraph (3) of this rule until the interpleader proceedings are determined, and shall then make the return showing how the money is to be disposed of and pay to the home court money (if any) payable to the judgment creditor.
    (5) All applications in relation to the process or execution shall be made to and adjudicated upon by the foreign court.
29. Duties and liabilities of party prosecuting decree by execution
    (1) In every case of execution all steps therein shall be taken on the demand of the party prosecuting the judgment who shall be required to provide means of identification of the party against whom process is issued; and the party prosecuting the judgment is responsible for providing all service, execution, and mileage fees which may be due and execution shall not be proceeded with until such fees are made available.
    (2) The party prosecuting the judgment shall be liable for any damage arising from any illegal or irregular proceeding taken at his instance, but this provision shall not exempt any officer or bailiff from any liability to which he would otherwise be liable.

Payment of fees where execution withdrawn
(3) In every case where an execution is withdrawn, satisfied, or stopped, any fee that may have been properly incurred by an officer or bailiff during execution shall be paid by the person at whose instance the process was issued or the execution is withdrawn, satisfied, or stopped, as the case may be.

30. Disposal of satisfied process
    When any process other than an order or warrant for imprisonment which has been delivered to the officer in charge of a prison has been executed, satisfied, superseded, withdrawn, recalled, stayed, or suspended, the registrar shall file and retain it.
31. Costs of process
    Except as otherwise prescribed by the Act or these Rules, the costs, fees and expenses of and incidental to the issue and the execution, if any, of process, whether executed or unexecuted or unproductive, shall be allowed against the judgment debtor, unless the judge or magistrate otherwise directs.
32. Costs of execution and interest
    The judgment creditor may levy the costs of execution over and above the sum in the judgment unless the court shall otherwise order in cases where costs shall have been needlessly incurred, and may also levy any interest on the judgment which the court may have ordered.
33. Appraisement: by whom made
    Where no sworn appraiser is available, any appraisement may be made by some person nominated in that behalf by the judge or magistrate, and if such person is a public officer, the appraisement fee shall be paid into the Consolidated Revenue Fund.

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