Nigeria: Trials & Appeals & Compensation

An individual or entity that desires, intends, or is actively negotiating to buy a parcel of land in the Federal Capital Territory (“FCT”) must apply great care and show diligence in every stage of the transaction.

The Supreme Court of Nigeria has ruled that judgment debtors cannot file motions to set aside garnishee orders nisi, declaring such applications unknown to Nigerian law. This decision in Vitachem (Nig.) Ltd. v. DSM Sinochem Pharm. I.P. Ltd. fundamentally reshapes enforcement practice by clarifying that the only lawful response to a garnishee order nisi is a counter-affidavit to show cause, not a freestanding motion to set aside.

Garnishee proceedings represent a specialized statutory mechanism for enforcing monetary judgments in Nigeria, operating outside the conventional pleadings-based civil litigation framework. Governed primarily by the Sheriffs and Civil Process Act, this procedure offers judgment creditors an expedited pathway to recover debts owed to judgment debtors by third parties.

The Court of Appeal's decision in Rothmans of Pall Mall v. Kasmal International Services Ltd. addresses a fundamental question of procedural fairness: what happens when a trial court enters judgment without properly notifying the defendant of hearing dates?

The Supreme Court's decision in Maryam Sanda v C.O.P has sparked renewed debate over a critical constitutional question: can the executive exercise its prerogative of mercy while a convict's appeal remains pending before the courts? This ancient power, preserved in Nigeria's Constitution as a humane corrective to the criminal justice system, now stands at the intersection of executive authority and judicial process. The case raises fundamental questions about the separation of powers and the proper timing o

The effectiveness of any judicial system (home and abroad), is not measured by its ability to adjudicate disputes only, but also measured by its capacity to ensure that the judicial decisions arrived at are complied with and enforced.

Disputes are inevitable in every relationship; they may be civil, commercial, or domestic in nature. In Nigeria, where the court system often faces significant delays due to backlogged...

A major issue that usually arises in almost every real estate transaction in Nigeria is the entitlement of estate agents to commission. In many cases, it is difficult to determine what actions usually...

After years of litigation and substantial legal expense, a successful litigant obtains a favorable court judgment in Nigeria, only to face a harsh reality: the judgment debtor refuses to comply voluntarily, rendering both themselves and their assets inaccessible. What happens when court orders become mere pieces of paper, and how can successful litigants navigate the protracted and cumbersome enforcement proceedings that follow?