Execution of decrees- what happens next after a judgement is delivered?
A judgement is that statement made by the judge giving grounds of an order or decree.It includes the facts in issue,a solution and the reasons for reaching that solution.There are various types of judgements and these include; judgement in default,preliminary judgement,summary judgement,consent judgement and ex parte judgement.It is a custom for a decree to follow after the delivery of a judgement.A decree is the formal expression of an adjudication which conclusively determines the rights of the parties with regard to any of the issues in contention in the suit and may be either preliminary or final.Normally a decree is unreasoned since most of the reasons have been given in the judgement that led to the arise of the decree.A party who gets a decree has to serve it to the other party it is then taken signing and executing to the registrar of court after receiving approval from the served party.In the event that the decree is rejected by the served party,the registrar is supposed to appoint a date on which the parties should before him agree on the contents of the decree.If the disagreement is sustained still,the matter is refered to the judge who was in charge of the case for determination of the issue upon hearing.
The decree has to agree with the judgement; it ought to contain the number of the suit, the names and descriptions of the parties to the suit and the particulars of the claim. The decree must also specify clearly the relief granted or other determination of the suit. The decree should also state by whom or out of what property or in what proportion the costs incurred in the suit are to be paid.The court may direct that the costs payable to one party by the other shall be set off against any sum which is admitted or found to be due from the former to the latter.
After a decree is given, execution occurs. The orders in the judgment are enforced by the decree holder especially against the unsuccessful party who is the judgment debtor through the various modes of execution prescribed by the laws of the land.ie by delivery of any property specifically decreed, attachment and sale, or by sale without attachment of any property, attachment of debts or garnishee proceedings, arrest and detention in prison or even by appointing a receiver. The decree is then executed by the court that passed it, alternatively another court with authority can enforce it considering certain factors. The decree should be executed within twelve years from its date. However the execution may be extended if the creditor is prevented by fraud or force.
A judgement without any orders directing enforcement of a solution would be as good as nothing.It is just that the judgement creditor evokes either of the modes of execution discussed above and if the judgement debtor is in a different jurisdiction execution can take place through a process called the reciprocal enforcement of judgements and this applies to commonwealth countries.
Author’s bio: Aturinda Lenah is a legal consultant for Conservation Effort for Community Development a member of Foundation of Environmental Education Eco schools program.
Tags : Civil Procedure Criminal Law Family Law