Essay on civil procedure:

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EXECUTION OF DECREES OR ORDERS: Execution is the process of realizing the fruits of the judgment by enforcing the decree against the unsuccessful party through any one or more of various modes of execution as prescribed by law. The successful party is called a decree holder or judgment creditor while an unsuccessful party is called a judgment debtor. A decree is executed by the court which passes it or by court which the decree is sent by former execution. The court that passes the decree is entitled to determine any question relating to execution, discharge, satisfaction, of the decree that should arise and not by separate suit. In Kabwengure v Charles Kanjabi [1977] HCN 89 it was held that all the questions relating execution including…show more content…
Greatest care must be exercised during execution not to execute against a wrong party as this could amount to tress pass that may create both criminal and civil liability. PROCEDURES IN EXECUTION: In relation to Application for execution, where the holder of a decree desires to execute it, he or she shall apply to the court which passed the decree, or, if the decree has been sent under the provisions hereinbefore contained to another court, then to that court or to the proper officer of that other court. Every application for execution of a decree shall be in writing, signed and verified by the applicant or his advocate and shall be in tabular form containing the following; suit number, names of the parties, date of decree, whether an appeal is preferred, whether any and if any what part payment has been affected, whether there is a previous application, amount due with interest if any or other relief granted, amount of costs, name of person against whom execution is sought, the mode in which assistance of court is required. However, under exceptional circumstances an application for execution can be made orally; if it’s for the payment of money by decree at the time of passing the decree or order court may order immediate execution thereof by way of arrest of the judgment debtor without preparation of warrant may be made in accordance. Upon receiving the application for execution, the
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