Order 7 Judgments (Enforcement) Rules

Order 7 of the Judgments (Enforcement) Rules is about Sale. It contains the following rules:

1. Where judgment debtor is in custody
   Where the judgment debtor shall have been arrested and is detained in custody, no sale of any portion of his property attached in execution shall be made until one month shall have elapsed after his being so arrested, and at least fifteen days’ notice shall have been given to the judgment debtor, specifying the property so taken and intended to be sold:
   Provided that the sale may take place at any time in the case of perishable articles or where the judgment debtor has given his consent thereto in writing.
2. General of powers of court over sales
   Subject to the provisions of any Act or rule, the sale of any property under a writ of execution shall be conducted according to such orders as the court may make on the application of any person concerned.

3. Application for private s ale
   (1) Before filing any application for leave to effect the sale under a writ of execution of any property otherwise than by public auction, the registrar shall deliver to the applicant on demand a list containing the name and address of every person at whose instance any writ of execution against the debtor has been issued, of which the registrar has notice.
   (2) Notice of the application in Form 44 shall be served on every person named on the list and on the sheriff.
   [Form 44.]
   (3) On the hearing of the application the applicant shall produce the list to the court.
   (4) A copy of any order made on the application shall be sent to the sheriff.
4. Advertisement of sale
   Where any advertisement of sale of any property is required to be made, it may, subject to the directions, if any, of the court, be made in a newspaper published in Nigeria, or by means of posters or placards, or otherwise as the sheriff shall think fit, having regard to the value of the property and the other circumstances of the case.

5. Dis posal of proceeds of sale
   Where property is sold under a writ of execution the proceeds shall be disposed of as follows-
   (a) where the property is sold by the sheriff, he shall follow the procedure prescribed in rule 13 of Order I;
   (b) where the property is sold by an auctioneer, he shall pay the gross proceeds into court;
   (c) the money so paid into court shall be payable as follows-
   (i) any amount then due and unpaid for sheriff’s, bailiff’s, and appraiser’s fees and expenses: to the sheriff, and next;
   (ii) the prescribed fees and expenses of sale: to the auctioneer, if any, and
   next;
   (iii) the amount to be levied, together with costs paid by the judgment
   creditor subsequent to the issue of the writ, if any: to the judgment
   creditor, directly or through the registrar of the home court, if any, and
   next;
   (iv) the balance: to the judgment debtor.

6. Immovable property: day of sale
   (1) No immovable property attached shall be sold for the purpose of satisfying the writ of execution until the expiration of at least fifteen days next following the day on which the property has been attached, unless the person whose property has been attached so requests in writing:
   Provided that the sheriff may, if he is unable from want of time to complete the sale, adjourn the same for a period of not more than three days, and so on as often as may be necessary: And provided further that the court may, if it thinks fit, direct that the sale shall be postponed for any time not exceeding 28 days after the attachment.
   Place of sale
   (2) The sale shall be made in the principal court house of the division in which the property is situated, or on the land attached, or at such other place as may be appointed by the sheriff or, in case of dispute, by the judge on the application of any person concerned.
   Notice of sale
   (3) Notice of the day and hour of sale of any immovable property attached shall be published fourteen days at least before the day of such sale by being posted-
   (a) upon the door of the principal court house of the division in which the property is situated; and
   (b) also in a conspicuous place upon the land attached; and
   (c) if the sale is to take place elsewhere than at such courthouse or on the land attached, then at such other place also; and
   (d) if the court so directs, in a newspaper published in Nigeria.

Advertisement of sale
(4) Where any immovable property is to be sold under a writ of execution for a sum exceeding forty naira, including legal incidental expenses, the sale shall be publicly advertised by the sheriff on and during three days next preceding the day of sale.
Time of sale
(5) Every sale shall take place between the hours of seven o’clock in the morning and eight o’clock in the evening.

7. By public auction or private contract
   (1) The sale under a writ of execution of any immovable property shall be made by public auction, at which the property shall be knocked down to the highest bidder for ready money, and not by private contract, unless the court otherwise orders.
   (2) Where any immovable property is attached and the registrar has notice of another attachment or other attachments, the court shall not consider an application for leave to sell privately until notice in Form 44 has been given to the other judgment creditor or creditors, who may appear before the court and be heard on the application.
   [Form 44.)
8. Notice under section 36
   The notice required to be given under section 36 of the Act shall be in Form 45.
   [Form 45.)
9. Certificate of title
   The certificate under section 50 of the Act shall be in Form 46.
   [Form 46.)

10. Immovable property in lawful occupancy of third parties
    Where the property sold shall consist of immovable property in the occupancy of persons entitled to occupy the same, the court shall, on the application of the purchaser, order delivery thereof to be made by affixing a copy of the certificate of title in some conspicuous place on the land, or in the principal court building of the division.
11. Debts and shares in public companies
    Where the property sold shall consist of shares in any public company or corporation, the court shall, on the application of the purchaser, make an order prohibiting the person in whose name the shares may be standing from making any transfer of the shares to any person except the purchaser, or receiving payment of any dividends thereon, and the manager, secretary, or other proper officer of the company or corporation from permitting
    any such transfer or making any such payment to any person except the purchaser.
12. Negotiable securities
    Where the property sold shall consist of negotiable securities, of which actual seizure has been made, the same shall be delivered to the purchaser thereof.

13. Transfer of securities as shares
    If the endorsement, transfer, or conveyance of the party in whose name any negotiable security, or any share in a public company or corporation, is standing, or in whom any mortgage or equity of redemption shall be vested, shall be required to transfer the same, the registrar may endorse the security or the certificate of the share, or may execute such other document as may be necessary for transferring the same. The endorsement or execution shall be in the following form, or to the like effect:
    “A.B. by C.D., registrar of the High/Magistrate’s Court of the ………………………………………………. .
    Judicial Division/Magisterial District; in a suit by E.F. versus A.B.”
    Until the transfer of such security or share, the court may, by order, appoint some person to receive any interest or dividend due thereon, and to sign receipts for the same; and any endorsement made, or document executed, or receipt signed as aforesaid, shall be as valid and effectual for all purposes as if the same had been made or executed or signed by the party himself.

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