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JUDGEMENT DEBT

Dictum

In the case of In re Claget: ex parte Lewis (Weekly Notes for May 5, 1888, p.100) the Court of Appeal said as follows: “The effect of section 17 was to impose on a judgment debtor a statutory duty to pay interest on the judgment debt, and the interest became a debt due from him. It could be recovered by execution on the judgment, but it could also be recovered by any other legal process. The interest was a debt necessarily attached to the judgment debt” etc.

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JUDGEMENT DEBTOR MAY BE HEARD IN GARNISHEE PROCEEDINGS

In Gwede v. Delta State House of Assembly & Anor (2019) LPELR 47441 SC, it was held as follows: “Thus, where the judgment sought to be enforced is certain, in terms of the parties, the judgment sum and the party adjudged the debtor, then the judgment debtor has nothing to say in the proceedings. However,...

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NATURE OF A JUDGEMENT DEBT

The Appellant’s claim for interest falls into two parts: pre judgment and post judgment debt. A judgment debt is a debt or damage or other monetary award which has been pronounced upon by a court of competent jurisdiction. It begins when the court has pronounced its judgment in favour of the plaintiff. Therefore such interest...

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