Judgments, Orders, Decrees and Their Enforcement
This domain tests what a judgment is, when it may be corrected or set aside, and the machinery for turning paper into satisfaction. The examiner wants the final/interlocutory distinction, the slip rule, and the execution options with their leave requirements.
Judgment, order, decree
A judgment is the court's determination of the rights of the parties; a decree is its formal expression; an order is a direction given during or at the end of proceedings. The final/interlocutory test asks whether the decision finally disposes of the rights of the parties in the action. Judgments are dated and pronounced in open court, with reasons.
The slip rule permits correction of clerical mistakes and accidental slips, but not re-argument or alterations of substance. Judgments may also be set aside for fraud, by consent, or where the rules permit (default judgments). Interest may be awarded on the judgment debt at the statutory rate, and post-judgment interest runs until payment.
Enforcement toolkit
- Writ of fieri facias ("fifa") against goods and chattels; writ of possession or delivery for land and goods.
- Garnishee proceedings: an order nisi attaching a debt owed to the debtor (typically a bank balance), which becomes absolute if no cause is shown.
- Charging order over land or securities; judgment summons and instalment orders; examination of the debtor in aid of execution.
- Appointment of a receiver by way of equitable execution where legal execution is inadequate; committal for contempt where an order is disobeyed.
- Leave is required in specified situations, such as where six years have elapsed since the judgment; writs of execution must be kept alive.
Worked example
The judgment creditor for GHS 500,000 learns the debtor holds a bank account and land. Reasoning: a garnishee order nisi to the bank is the quickest route, becoming absolute if the debt is not denied; a charging order over the land secures the rest, followed by an order for sale if needed. If the debtor has appealed and obtained a stay, execution must wait.
Traps that cost marks
Executing without leave where years have elapsed; garnishee proceedings against a joint or third-party account; assuming an appeal automatically stays execution; failing to renew the writ; and executing against property exempt from seizure.