KSL ATP Civil Litigation study materials
KSL ATP Civil Litigation study resources

KSL ATP Civil Litigation: Judgment, Decree, Execution and Enforcement

KSL ATP Civil Litigation · Work through your exam, one topic at a time.

All guide sections

Judgment, Decree, Execution and Enforcement

Foundations

A judgment is the reasoned decision; a decree is the formal expression of the adjudication that conclusively determines the rights of the parties. Execution is the process of enforcing the decree.

Concepts to master

  • Judgment vs decree vs order: a decree follows a judgment in a suit and is appealable; an order may or may not be appealable.
  • Kinds of decrees: preliminary, final, partly preliminary and partly final.
  • Execution: the decree-holder applies for execution; the court may order delivery of property, attachment and sale, garnishee, arrest, or appointment of a receiver.
  • Objections to execution: the executing court cannot go behind the decree; it may examine jurisdictional defects apparent on the face of the decree.
  • Stay of execution pending appeal requires security and satisfies the appellate court's discretion.
  • Limitation applies to execution applications and can bar enforcement.

Traps in questions

  1. Treating an executing court as an appellate court that can re-examine merits.
  2. Confusing a preliminary decree (rights declared, further proceedings needed) with a final decree.
  3. Overlooking limitation periods for execution.
  4. Assuming a money decree can be executed against exempt property.

Rule of thumb

The executing court enforces, it does not re-decide. If the grievance is with the merits, the route is appeal or review, not an execution objection.

Worked example

A decree-holder applies to attach the judgment-debtor's residential house. The judgment-debtor objects that the house is exempt. The executing court examines the statutory exemption but does not revisit the finding that the debt was owed; that was settled by the decree.