LAW TIP
Once the judgment creditor takes possession of the land, execution is complete and the court’s role ends (functus officio).
The person in possession is free to use the property, provided it is within the law- LARYEA & ANOR vs. ABUBAKARI & ANOR (J4/31/2023) (8/11/2023)
QUOTE FROM JUDGEMENT
“We accordingly set aside the order of demolition in Suit No. FAL/800/2015 as having been made without jurisdiction. Once a judgment creditor is put in possession of land, execution is completed and the judge becomes ‘functus officio’ as far as the case is concerned. The party in possession is free to do as he pleases with his property provided he acts within the law. The appeal therefore fails and same is hereby dismissed as unmeritorious, save for the setting aside of the demolishing order.” LARYEA MARTEYE AND MOHAMMED TAHIRU vs. ABUBAKARI MOHAMMED AND JAMIL IDDRISS (J4/31/2023) (8/11/2023)
LAW TIP
Demolition order is not a recognized form of execution under C.I. 47. Judges lack the power to create such orders as they are unauthorized and without jurisdiction. LARYEA & ANOR vs. ABUBAKARI & ANOR (J4/31/2023) (8/11/2023)
“It was a judgment obtained in default against Jamil as he did not enter appearance nor defend the action despite the service of the court processes on him. Abubakari went into execution of the judgment and applied for an order for demolition of unauthorized structures on the land which application was granted by the first High Court on 30th November 2016. … That notwithstanding, we have taken note of the grant by the first court of an order of demolition as a form of execution of the judgment of the court. There is no writ of execution in the High Court (Civil Procedure) Rules, 2004 (CI 47) called “Demolition Order”. Judges are not at liberty to invent their own practice rules without any authority of the Rules of Court Committee pursuant to Article 157 of the 1992 Constitution. There has been abuse of such unauthorized orders that have brought embarrassment to the administration of justice. We accordingly set aside the order of demolition in Suit No. FAL/800/2015 as having been made without jurisdiction. Once a judgment creditor is put in possession of land, execution is completed and the judge becomes ‘functus officio’ as far as the case is concerned. The party in possession is free to do as he pleases with his property provided he acts within the law.” LARYEA MARTEYE AND MOHAMMED TAHIRU vs. ABUBAKARI MOHAMMED AND JAMIL IDDRISS (J4/31/2023) (8/11/2023)