By Bamidele Kolawole

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An executory judgement is a type of court decision that has been made, but has not yet been carried out. This means that the order given by the court, such as a requirement for one party to pay the other, has not yet been fulfilled. Once the judgement is executed, it becomes a final decision.

An executory judgement is a final judgement which can be enforced in accordance with the rules within the specified period of time unless there’s a valid stay of execution granted against the judgement.

In other words, it is enforceable as final judgement unless there’s a stay of execution against it’s enforcement.

This simply means a judgement in which there is an order capable of being enforced or complied with. This applies to a judgement of court that hasn’t been carried out but it is capable of being executed.

An executory judgment is a type of court decision that has been made, but has not yet been carried out. This means that the order given by the court, such as a requirement for one party to pay the other, has not yet been fulfilled. Once the judgement is executed, it becomes a final decision.

 A judgement that has not been carried out, such as a yet-to-be-fulfilled order for the defendant to pay the plaintiff.

Executory judgements or orders, are those which declare the respective rights of the parties and then proceed to order the defendant to act in a particular way; for example to pay damages or refrain from interfering with the plaintiffs rights and that such order is enforceable by execution if disobeyed.

In the case of CARRENA & ORS v. AKINLASE & ORS (2008) LPELR-833(SC), the Supreme Court of Nigeria held thus on the nature of an executory judgement:

“…executory judgements or orders, are those which declare the respective rights of the parties and then proceed to order the defendant to act in a particular way; for example to pay damages or refrain from interfering with the plaintiffs rights and that such order is enforceable by execution if disobeyed.” Per IKECHI FRANCIS OGBUAGU, JSC (Pp 33 – 34 Paras F – A)

Also, the Supreme Court of Nigeria held in the case of NOEKOER v. EXECUTIVE GOVERNOR OF PLATEAU STATE & ORS (2018) LPELR-44350(SC) as follows:

“… The Court below took that slant since the judgement was executory and this Court had shed light on what an executory judgement is in the case of Oba Rasheed Ayotunde Olubumi & Anor. v Olabode Oyewinle & 2 Ors. (2013) 7 SCNJ 919 at 929 as follows: “An executory judgement or order is one that states the respective rights of the parties and goes the extra mile to order the defendant to act in a particular way or refrain from interfering with the plaintiff’s rights, e.g to pay damages or as in this case stop parading himself as the Easu of Iragbiji.” Per MARY UKAEGO PETER-ODILI, JSC (Pp 37 – 37 Paras A – C).

A judgement is the decision of a court of competent jurisdiction which is biding and enforceable based upon the facts and evidence before it. The Supeme Court has defined judgement to mean a “binding, authentic, official and judicial determination of the court in respect of claims before the court. see Saraki v. kotoye (1992) 9 NWLR (Pt. 264)186. A judgement can either be declaratory or executory.

An executory judgement is one that states the respective rights of the parties and goes the extra mile to order the Defendant to act in a particular way or refrain from interfering with the plaintiff’s right, e.g to pay damages. It the type of judgement that could be enforced by execution.

 A declaratory judgement on the other hand is one that proclaims or declare the existence of a legal relationship but does not contain any Order which may be enforced against the Defendant. Declaratory judgement cannot be enforced by execution as there is nothing to enforce.

 So where a court delivers an executory judgement, the party appealing may be granted a stay of execution. But a party appealing a declaratory judgement cannot be granted a stay of execution but an injunction pending appeal. Okoya V. Santilli (1990) 3. S.C (pt.II) 1

Shodeinde V. The Registered Trustees of Ahmadiyya Movement-in-Islam (1980) 1-2 S.C. 163;

Executory Judgement, it has to do with the fact that there is a substance of right to be enjoyed by the Judgement Creditor/ Beneficiary and a specific order of the court to the Judgement Debtor to do certain thing(s) for or to the Benefit of the Judgement Creditor, which will amount to reaping the fruit of the Judgement by the Judgement creditor.

There are principally two categories of Judgements, which are, the EXECUTORY & the DECLARATORY. Whereas Executory Judgement can be enforced by physically carrying out the accompanying Court order, while DECLARATORY Judgement has to need or nothing to be enforced.

Executory judgement is a type of court decision that has been made, but has not yet been carried out.

This means that the order given by the court, such as a requirement for one party to pay the other, has not yet been fulfilled. Once the judgement is executed, it becomes a final decision.

Judgement or order of court as contained in a judgement is usually classified into two categories to wit: *declaratory Judgement and executory Judgement*.

It has been held in a plethora of judicial decisions that “an executory judgement or order is one that states the respective rights of the parties and goes the extra mile to order the defendant to act in a particular way or refrain from interfering with the plaintiff’s rights, e.g to pay damages or as in (some) case stop parading himself as the (holder of a particular office).”

In other words, executory judgement is capable of being executed as against declaratory judgement or order which merely proclaims the existence of a legal relationship, but contains no specific order to be carried out by or enforced against the defendant.

On the Nature of Executory Judgement, the law is settled that judgement termed “Executory Judgements” are capable of immediate execution either by garnishee proceedings or writ of fifa to offset the debt. See the case of OGUNLADE v ADELEYE Supra.

Thus, in enforcing a judgement of monetary value, the Judgement Creditor or Garnishor may opt to attach the judgement debt(s) by garnishee order or by attaching the property vide writ of fifa. Where he opts for garnishee, he is obligated by virtue of S. 84 of the Sheriffs and Civil Process Act to bring an ex parte application for attachment of the bank account of the judgement Debtor domiciled in the Garnishee Bank with a view to satisfying the judgement debt, following which the judgement debtor and the garnishee will be served an order nisi 14 days before the hearing of the application on notice, thereby calling upon the garnishee to show cause why the money standing to the credit of the judgement Debtor should not be attached to satisfy the judgement debt.

Where both parties fail to show cause why the money should not be attached, the court shall proceed to make the order absolute.

 The other alternative is for the judgement creditor to apply for a writ of attachment and sale of goods and chattel (otherwise known as “writ of fifa”).

The Registrar of the Court shall then cause to be issued the writ following which the precise time of making the application shall be entered in a book prescribed for such purpose and on the writ. See S. 20(2) &(3) of the Sheriffs and Civil Process Act.

Once the conditions are fulfilled, the writ shall be executed.

CONCLUSION.

In conclusion, it is my submission that a judgement of court is enforceable depending on the circumstances of each case.

An executory judgement is a type of court decision that has been made, but has not yet been carried out. This means that the order given by the court, such as a requirement for one party to pay the other, has not yet been fulfilled. Once the judgement is executed, it becomes a final decision.

A judgement that has not been carried out, such as a yet-to-be-fulfilled order for the defendant to pay the plaintiff.

See the case of Okulate v Awosanya13 and the case of Okoya v Santili (Supra) Supreme Court Decision defined ‘Executory Judgements’ as those judgements which declare the respective rights of the parties and then proceed to order the defendants to act in a particular way.

A Judgement of Court may be enforceable or unenforceable. The method of enforcing a particular Judgement will depend upon the type of Judgement that particular Judgement is.

The forgoing can be classified as Executory Judgement. See the case of Okulate v Awosanya13 and the case of Okoya v Santili (Supra) Supreme Court Decision defined ‘Executory Judgements’ as those judgements which declare the respective rights of the parties and then proceed to order the defendants to act in a particular way; for example to pay damages or refrain from interfering with the Claimants’ rights.

The Supreme Court went further to say that such Judgement is enforced by  execution if disobeyed.

An Executory Judgement is a Judgement that declares the rights of the parties to an action and goes on to order the defendant to act in a particular way for example to pay damages or to refrain from interfering with the plaintiff’s rights.

 See Adedoyin v Sonuga (1999) 13 NWLR (PT 635) 356

It is a judgment that declares the rights and duties of the parties to an action and also includes a binding order on the defendant or judgment debtor.

 It imposes certain orders and obligations on the party against whom it is given, and such party must comply with the order.

 Example is payment of damages and vacation of premises against a tenant. Such judgment is liable to be executed by any of the known means of execution of judgment. It is executory because it can be executed or stayed.

If a party did not comply with the judgment, there are certain mechanisms which the court can use to compel compliance and more so, a committal proceeding can be initiated against the judgment debtor.