LAW ARTICLES
09 Aug 2018
Upon hearing the application of Onyekachi Umah, Esq. LLM., ACIArb(UK) on behalf of the judgment creditor in the case of MRS. FINE ALUKO V. DIAMOND BANK PLC (Suit No: FCT/HC/CV/1419/2009), the court sitting in Apo ordered contempt proceedings against the directors of the judgment debtor (Diamond Bank PlC).
The court granted the leave sought by the Abuja based lawyer for Form 48 and Form 49 of the Judgment (Enforcement) Rules to be served on the judgement debtor’s directors, Mr. Uzoma Dozie (Group Managing Director/Chief Executive Officer), Mr. Oluseyi Bickersteth (Chairman, Board of Directors) and Caroline Anyanwu (Deputy Managing Director), all of Diamond Bank Plc for the continued disobedience of the order contained in the judgment of the court delivered since 25th June 2013.
Onyekachi Umah, Esq., brought his application pursuant to Order 4 Rules 8, Order 4 Rules 9, Order 9 Rules 5 and 13 of the Judgment (Enforcement) Rules, Section 72 of the Sheriffs and Civil Process Act, Order 43 Rules 1, of the FCT High Court Civil Procedure Rules 2018 and under the inherent jurisdiction of the honourable court.
The application was granted on 8th day of August 2018.
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01 Aug 2018
DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 154)
“You Cannot Enforce A Judgement After 2 Years and 6 Years Against A Party and His Representatives Respectively.”
Where judgement is given by a court, the judgment creditor has 2 years to enforce such judgment against the judgement debtor. Where a judgement creditor intends to enforce judgment against any representative of a judgment debtor, should be done within 6 years. Also note that were time elapses, court can grant leave.
My authorities are Order 4, Rule 8 of the Judgements (Enforcement) Rules and section 94 of the Sheriffs and Civil Process Act.
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