WHETHER A WRIT OF FiFa MAY ISSUE IMMEDIATELY A JUDGEMENT IS PRONOUNCED?

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WHETHER A WRIT OF FiFa MAY ISSUE IMMEDIATELY A JUDGEMENT IS PRONOUNCED? 

by Branham Chima. 
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✓ DEFINITION(S): 
Writ of FiFa: also known as a Writ of Fieri Facias, is a legal document issued by a court to enforce a judgment for the payment of money. 

✓ ANSWER: 
Yes. 

A writ of FiFa can be used to make sure someone pays money they owe. It has been a common practice for a long time that a writ of FiFa can be issued as soon as the money is due after a judgment is made. 

This position was acknowledged in M.O. Olatunji v. Owena Bank (PLC) & Anor. (SC.349/2002, 25 April 2008) thus: ‘A writ of fi fa may issue to enforce a judgment or order for the payment to, or for the recovery by, any person of money. The practice which is well established for many years, is clear, that a writ of fifa may issue immediately upon payment becoming due upon a pronouncement in a judgment and as a matter of course without leave and "without the necessity of a prior notice to; or for prior service of the judgment or order upon the judgment debtor. See LAND CREDIT COY OF IRELAND v. FERMOY (supra). Accordingly, a judgment requiring the defendant to pay money to the plaintiff, is enforceable by writ of Fi Fa immediately it is entered even though no time is specified for the payment to be made and even though notice of the judgment, still less the judgment itself has not been served on the debtor. To answer the issue, I hold that a judgment to pay money as in this case is recoverable by the issuance of a "writ of fifa immediately the judgment is pronounced. It is only when the judgment debt is fully satisfied that can render the issue of the writ of execution void. See TOTAL v. E.M.C.C [1972] 8-9 SC 64. See also FAR EAST MERCHANTILE v. PHILLIPS [1974] 11 SC 225.’ 

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