WRIT OF FIERI FACIAS

This is the most common of all writs of execution and it is referred to as the writ of fi-fa in
shortened form. It is helpful when the judgment creditor seeks to retrieve the amount ordered to
be paid by the seizure and sale of the judgment debtor’s properties and chattels. This writ orders
the sheriff to attach, seize and sell the judgments debtor’s goods to satisfy the judgment debt.1

It is used only to enforce money judgment. With this writ, the Sheriff is ordered to seize and
sell the property of the judgment debtor for the purpose of earning money sufficient to satisfy the
debt and incidental costs of execution. By this authority, the Sheriff may enter the house of the
judgment debtor and seize what goods can be found there belonging to the debtor. He must not
seize goods which are the property of someone else. He may also enter the house of a third
person, if the goods of the debtor are actually there.2

The writ is issued in respect of movable and immovable property. By section 44 Sheriff and
Civil Processes Act3, Writ of Fi-Fa is issued in the first instance against the movable properties
of the judgment debtor. But the wearing apparel and beddings of the judgment debtor, his family
and tools and implement of trade to the value of ten naira shall be free from seizure. Then if there
is no movable property or the movable property is not enough to satisfy the judgment debt, the
immovable property shall then be attached. 4 By section 25(b) Sheriff and Civil Processes Act 5,
the money, banknotes, bills of exchange, promissory notes, bonds, specialties or securities for
money belonging to the judgment debtor can also be attached. The goods so seized may be sold
unless a third party gives notice claiming that the properties belong to him. Where, the judgment
debt has been paid, a writ of execution issued subsequently becomes void ab initio and any sale
thereon is irregular and will be set aside ex debito justitiae.6

1
Habeeb Adekola, ‘Nigeria: A Focus On Writ Of Fieri Facias And Garnishee Proceedings’ (18 th February 2020),
<https://www.mondaq.com/nigeria/trials-appeals-compensation/894722/a-focus-on-writ-of-fieri-facias-and-
garnishee-proceedings> accessed 30th of September 2021.
2
Adewale Taiwo, ‘The Principles, Practice and Procedure of Civil Litigation in Nigeria’ (Ababa Press Ltd 2015) page
487.
3
Sheriff and Civil Process Act section44.
4
Ibid.
5
Sheriff and Civil Process Act section25.
6
Adewale Taiwo, ‘The Principles, Practice and Procedure of Civil Litigation in Nigeria’ (Ababa Press Ltd 2015) page
488.
 Order 4 Rule 16(1) Judgment Enforcement Rules7 provides that where a judgment creditor
desires a Writ of attachment (fi.fi) to be issued against the immovable properties of the judgment
debtor, he shall apply to the High Court. The application is by way of motion on notice,
supported by an affidavit and a written address. 8 By Order Rule 16(2) Judgment Enforcement
Rules9 and Section 44 Sheriff and Civil Processes Act10, the affidavit must:

1. The affidavit must show what steps, if any, have already been taken to enforce the
judgment and with what effect11
2. It must show what sum now remains due under the judgment
3. That no movable property of the judgment debtor, or none sufficient to satisfy the
judgment debt, can with reasonable diligence be found
4. It is necessary to prove the ownership of the property sought to be attached.12

By the Proviso Section 44 Sheriff and Civil Processes Act and by Order 4 Rule 16(1)
Judgment Enforcement Rules, the application must be made only to the High Court even if it
were a magistrate Court that gave the judgment. An execution against immovable property
without an order of court, made pursuant to a motion on notice as discussed above, renders both
the attachment and subsequent sale, if any, null and void. 13

Goods that are seized are usually in the custody of the court premises or they may be left in
the custody of a fit person or as the sheriff may direct. Where goods attached under execution are
sold, the purchaser shall acquire a good title to the goods. Where it is an immovable property, the
purchasers title become absolute if within 21 days of sale, no one applies to set it aside. The
court shall then prepare a certificate of title, signed by the Judge to the effect that the purchaser
has purchased the right, title and interest of the judgment debtor in the property sold. The sale of
goods shall not take place until at least the expiration of five days after seizure expect the goods

7
JER Rule 16(4).
8
Habeeb Adekola, ‘Nigeria: A Focus On Writ Of Fieri Facias And Garnishee Proceedings’ (18th February 2020),
<https://www.mondaq.com/nigeria/trials-appeals-compensation/894722/a-focus-on-writ-of-fieri-facias-and-
garnishee-proceedings> accessed 30th of September 2021.
9
JER Rule 16(2).
10
SCPA s(44)
11
Habeeb Adekola, ‘Nigeria: A Focus On Writ Of Fieri Facias And Garnishee Proceedings’ (18 th February 2020),
<https://www.mondaq.com/nigeria/trials-appeals-compensation/894722/a-focus-on-writ-of-fieri-facias-and-
garnishee-proceedings> accessed 30th of September 2021.
12
Ibid.
13
D. I. Efevwerhan, ‘Principles Of Civil Procedure In Nigeria’,(3rd edition, Snaap Press Ltd 2018) page 454.
are perishable. An attached immovable property shall not be sold until the expiration of fifteen
days since attachment.14

A judgment takes effect and becomes enforceable immediately it is pronounced in open court,
a Writ of Fi-Fa is then issued when payment becomes due upon pronouncement in a judgment
and as a matter of course without leave and without the necessity of prior notice to or prior
service of the judgment or order on the judgment debtor. 15 In Olatunji v. Owena Bank Plc, 16
judgment was entered in favor of the Appellant, who was Plaintiff at the trial court, on March 21,
2000, for the sum of N30,793,000. The Appellant proceeded to apply for the writ of fieri facias
that same day even as the Respondent filed an appeal and an application for stay of execution on
the same day. The writ was issued the same day but was served on the Respondent on March 27,
2000, who promptly issued its own bank draft in settlement of the judgment debt. The
Respondent subsequently brought an application to set aside the execution. The trial court agreed
to the Respondent’s request and set aside the writ on the ground that same ought not to be issued
the same day judgment was entered. The Appellant’s appeal to the Court of Appeal was
dismissed.

BIBLIOGRAPHY

Adekola Habeeb, ‘Nigeria: A Focus On Writ Of Fieri Facias And Garnishee Proceedings’
<https://www.mondaq.com/nigeria/trials-appeals-compensation/894722/a-focus-on-writ-of-fieri-
facias-and-garnishee-proceedings>

Efevwerhan D. I., Principles Of Civil Procedure In Nigeria (Snaap Press Ltd 2018).

Taiwo Adewale, The Principles, Practice and Procedure of Civil Litigation In Nigeria (Snaap
Press Ltd 2015).

Olatunji v. Owena Bank Plc (2001) FWLR PT 54 PG 342.

14
D.I. Efevwerhan, ‘Principles Of Civil Procedure In Nigeria’, (3rd edition Snaap Press Ltd 2018) page 454.
15
Habeeb Adekola, ‘Nigeria: A Focus On Writ Of Fieri Facias And Garnishee Proceedings’ (18th February 2020),
<https://www.mondaq.com/nigeria/trials-appeals-compensation/894722/a-focus-on-writ-of-fieri-facias-and-
garnishee-proceedings> accessed 30th of September 2021.
16
Olatunji v. Owena Bank Plc (2001) FWLR PT 54 PG 342.