Section 29 Sheriffs and Civil Process Act

Section 29 of the Sheriffs and Civil Process Act 1945 is about Period to elapse before sale. It provides as follows:

(1) No goods seized in execution under process of a court shall be sold for the purpose of satisfying the writ of execution until the expiration of a period of at lease five days next following the day on which the goods have been so seized unless-
[L.N. 47 of 1955.]

(a) the goods are of a perishable nature; or
(b) the person whose goods have been seized 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:

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.

(2) In every case where the property attached is apparently over forty naira in value,
it shall be set up for sale by the sheriff in the principal High Court or magistrate’s court house of the division or district in which the attachment is made, and if the place where the attachment is made is not within eight kilometers of the court from which the writ of execution issued, the judge or magistrate shall give direction as he thinks fit:

Provided that the judge or magistrate may, if he thinks fit, in any particular case direct the sale to be held at any other place in the district.

(3) Every sale shall take place between the hours of seven o’clock in the morning and eight o’clock in the evening and everything set up for sale shall be knocked down to the highest bidder for ready money.

(4) Notice of the day and hour of sale of any movable property, apparently over forty naira in value, attached, shall be published four days at least before the day of such sale, by being posted upon the door of the court house of the division or district in which the attachment is made and where the sale is to take place at some other place, then at that other place also, and if the court so directs in a newspaper published in Nigeria.

[/membership]