Section 41 Sheriffs and Civil Process Act

Section 41 of the Sheriffs and Civil Process Act 1945 is about Irregularity in executing warrants. It provides as follows:

No sheriff or other officer in executing any process of a court, and no person at whose instance any such process is executed, shall be deemed a trespasser by reason of any irregularity or informality-

(a) in any proceedings on the validity of which the process depends; or

(b) in the form of the process or in the mode of executing it, but any person aggrieved may bring an action for any special damage sustained by him
by reason of the irregularity or informality against the person guilty thereof:

Provided that no costs shall be recovered in such an action unless the damages
awarded exceed four naira.

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