Section 45 Sheriffs and Civil Process Act

Section 45 of the Sheriffs and Civil Process Act 1945 is about Levy of execution upon materials used in construction of a building. It provides as follows:

Where the judgment debtor is a citizen of Nigeria, and the property attached is the right, title or interest of the judgment debtor in a building owned or occupied by the judgment debtor, which building or the right to occupy the building the judgment debtor is not entitled under customary law to alienate, but the materials or some of the materials used in construction thereof the judgment debtor is entitled to remove, the right, title or interest of the judgment debtor in such building shall not be sold without the leave of the court first obtained, which leave may, at the discretion of the court, be refused or granted with or without conditions attached.