WHAT DO I DO WITH COURT ORDER?
- When you obtained a judgment against the opposing party, you are first required to serve the judgment.
- Upon receiving the judgment, the opposing party must obey the terms ordered against him/her by the Court.
- If the opposing party fails or refuses to comply with the order, our legal system provides several types of enforcement procedures.
ENFORCEMENT OF JUDGMENT
Judgment Debtor Summons
i) If you are enforcing the judgment you are referred to as the judgement creditor and the opposing party as the judgment debtor.
ii) This is an application which can be used for discovery of information on the assets and financial means of the judgment debtor.
iii) The judgment debtor will be called to appear before the Judge/Magistrate.
iv) The Court can order the judgment debtor to pay the judgement sum either in one lump sum or instalments.
v) If the judgment debtor fails to comply with the Court order, he will be called upon again to show cause why he should not be imprisoned.
Writ of Seizure and Sale
i) This application is applicable to movable properties.
ii) The Court will command the Sheriff or Bailiff to seize and sell of the property of the judgment debtor to satisfy the judgment sum due.
iii) This process will be carried out through an auction of the seized items.
iv) The proceeds will be channeled to the Judgement Creditor.
Writ of Possession
i) This application is exclusively for immovable properties.
ii) The Court directs the Sheriff/Bailiff to enter and take possession of the Judgment Debtor’s property.
iii) The seized property will be auctioned off to satisfy the judgment debt.
i) A Garnishee application may be applied to attach monies owed from a judgment debtor’s bank account to satisfy the sum due.
ii) The Court will order the judgment debtor’s banks to attach whatever amount in the judgment debtor’s bank account to satisfy the judgment debt owed to the judgment creditor.
iii) In the first process the judgment creditor may obtain an order to attach/ freeze the judgment debtor’s bank account. iv) In the second stage the Court will order the Bank to remit the monies in the account to the judgement creditor to satisfy the judgment.