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Title: DEBT RECOVERY LAWS AND PROCEDURE (3RD EDITION)
Author: T.A.O. Tugbiyele
Publishers:
TABLE OF CONTENT
CHAPTER 1
RECOVERY OF DEBTS
1.01. Methods for the recovery of debts 1
1.02. Threatened and actual publication of names of
debtors in newspapers. 1
1.03. Use of debt collectors 2
1.04. Detention of debtors. 3
1.05. Realization of security 4
1.06. The “end justifies the means” approach. 5
1.07. Right of guarantor to sue borrower for debt
and when accrues 10
1.08. Use of legal practitioners and court process in
the recovery of debts. 10
1.09. Management of cases on Fast Track. 12
CHAPTER 2
PROBLEMS ASSOCIATED WITH THE RECOVERY OF DEBTS
2.01. Service of court processes 21
2.02 Bar to recovery of debts – Statute barred debts 23
2.03. Unenforceable judgments 29
2.04. Filing of counter claim by debtors 29
2.05. Filing application of stay of execution 30
2.06. Disputes on application of interest rate 39
CHAPTER 3
RECOVERY OF DEBT IN THE LAW COURTS
3.01. Procedure for summary judgment in the High Court 43
3.02 Defence to the summary judgment procedure. 44
3.03. The procedure under Order 11 High Court of
Lagos State Civil Procedure Rules 2012. 51
3.04 Summary judgment based on admission of facts. 53
3.05. Summary judgment in default of defence. 58
3.06. Summary judgment in default of appearance 62
3.07. Prerequisites for obtaining judgment in
default of appearance 63
3.08. Setting aside default judgments. 65
3.09. Application for installmental payment 69
3.10. Undefended List Procedure 71
3.11. Defendant’s notice of intention to defend. 75
3.12. Defendant’s affidavit in support of notice of
intention to defend. 75
3.12. Triable issue 89
3.13. Judgment under the undefended list procedure. 90
3.14. Defendant filling a statement of defence. 92
3.15. Summary judgment in Magistrate Courts
of Lagos State 93
3.16. Summary judgment in magistrate courts Eastern
Nigeria and Cross-River State. 97
3.17. Summary judgment District Courts in
Northern Nigeria. 100
3.18. Confessing and entering up judgment 102
3.19. Jurisdictions of Magistrate courts. Debt recovery
Lagos State 103
3.20. Jurisdiction of Magistrate Courts in Edo & Delta,
Oyo, Ogun, Osun states – Debt recovery. 104
3.21. Jurisdiction of Magistrate Courts in Ondo and
Ekiti States – Debt recovery. 104
3.22. Jurisdiction of Magistrate Courts in Eastern Nigeria
and Cross River State – Debt recovery 104
3.23. Jurisdiction of District Courts in the Northern States. 105
CHAPTER 4
TRIAL
4.01. Introduction 106
4.02. Pretrial meeting with the creditor and
other considerations. 106
4.03. Jurisdiction of court in debt recovery matters. 114
4.04. Jurisdiction of court in action by Banks
or against Banks 115
CHAPTER 5
ENFORCEMENT OF JUDGMENTS FOR THE RECOVERY DEBTS.
5.01. Writ of Fifa 131
5.02. The effect of writ of fifa 132
5.03. Execution of the writ against goods and chattel. 133
5.04. Execution by and against the government 136
5.05. Sale of attached moveable property. 142
5.06. Disposal of the goods sold. 144
5.07. Attachment and sale of immovable property 145
CHAPTER 6
PRE-EMPTIVE REMEDIES IN THE RECOVERY OF DEBTS
6.01. Introduction. 151
6.02. Mareva injunction: [the nuclear weapon
of commercial litigations]. 152
6.03. Limitations of mareva injunction. 165
6.04. Mareva injunction after judgment 166
6.05. Preparation of order of Mareva injunction. 167
6.06. Breach of court orders for Mareva injunction. 167
6.07. Grant of Mareva Injunction by the Court of Appeal. 169
6.08. Worldwide Mareva Injunction or Worldwide
Freezing Order. 169
6.09. Interim payment of debt 174
6.10. Interim attachment of debtor’s property. 174
6.11. Anton Piller Order. 175
CHAPTER 7
WRIT OF SEQUESTRATION
7.01. Definition of writ of sequestration 186
7.02. Procedure for the issuance of a
writ of sequestration 187
7.03. Effect of writ of sequestration. 188
7.04 Discharge of sequestration. 189
CHAPTER 8
JUDGMENT SUMMONS
8.01. Definitions of judgment summons 190
8.02. Judgment Summons – Procedure. 190
CHAPTER 9
GARNISHEE PROCEEDINGS
9.01. Definition of garnishee proceeding. 198
9.02. Parties to garnishee proceedings. 198
9.03. Subject matter of garnishee proceedings. 199
9.04. Commencement of garnishee proceedings. 201
9.05. Effect of service of order nisi on the garnishee. 202
9.06. Proceedings after service of order nisi 203
CHAPTER 10
WINDING-UP PROCEEDINGS
10.01. Definition of winding-up proceedings 209
10.02. Commencement of winding up proceedings. 209
10.03. When a company is deemed unable to pay its debts 212
10.04. Winding up proceedings – Jurisdiction of court. 214
10.05. Petition. 215
CHAPTER 11
BANKRUPTCY ON RECOVERY OF DEBTS
11.01 Effect of bankruptcy. 219
11.02. Jurisdiction of court in bankruptcy proceedings. 220
11.03. Bankruptcy petition 221
11.04. Adjudication of bankruptcy. 226
11.05. Discharge of bankrupt. 227
11.06. Effect of bankruptcy on antecedent or other transactions. 230
11.07. Realization of property. 231
11.07. Limitations upon an undischarged bankrupt 232
CHAPTER 12
ENFORCEMENT OF FOREIGN JUDGEMENT.
12.01. Introduction. 234
12.02. Enforcement in Nigeria of judgments obtained
in foreign courts 234
13.03 Enforcement of judgments of Nigeria in
courts in other countries. 237
FORMS AND PRECEDENTS
Letter of demand of debt 240
Default summons 242
Undefended list 247
Application to levy execution on immovable properties 251
Application for judgment 254
Garnishee proceedings 262
Application for mareva injunction and
attachment of Property 267
An Order Of Interim Attachment Preservation Of The Defendant’s Movable And Immovable Properties
Including Landed Properties 281
Statement of claim 286
Petition for winding-up of company 289
Defenses – debt recovery action 296
Writ of summons 300
Affidavit of urgency 305
Mereva injunction motion ex-parte 307
Motion for release of attached property pursuant to
application for mareva injunction and interim
attachment of property 313
Application for order for discharge of mareva injunction
and interim attachment of property 316
Affidavit of urgency – application for mareva injunction
and interim attachment of property 322
Application on notice for mareva injunction and
interim detention of proterty 323
Particulars of claim 327
Affidavit of urgency – mareva injunction and
interim detention of property 330
Application – mareva injunction and interim
detention of property 332
Order of court on application mareva injunction
and interim detention of property 338
Application directing a bailiff to inspect the premises
where property to be attached is kept 339
Application for mareva injunction and
attachment of Property 342
Application for the discharge order for mareva
injunction and interim detention property 348
Statement of claim 353
Affidavit of urgency 354
Order for the interim detention of property 362
Undertaking as to damages 364
Precedents from the High Court of Justice Queens Bench
Division Commercial Court 366
Anton piller order based on annex 1
to the practice direction 372
Precedent of mareva injunction [Queens Bench Division] 383
Precedent of a combined mareva/anton piller
order [Chancery Division] 388
Precedent of a worldwide mareva
injunction [Chancery Division] 392
Injunction prohibiting disposal of assets worldwide.
Injunction prohibiting disposal of assets in
england and wales 402
INDEX 408
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