Legal Minds
Legal Minds
February 17, 2025 at 05:24 AM
*DEBT RECOVERY IN NIGERIA* The primary courts handling debt recovery matters include the Federal High Court and State High Courts, depending on the parties and jurisdiction of the dispute.The Court of Appeal in *NIGERIA POSTAL SERVICES V INSIGHT ENGINEERING COMPANY LIMITED (2006) 8 NWLR (Pt. 983) p. 438* stated that an action of debt lies where a person claims the recovery of a liquidated or certain sum of money affirmed to be due to him. It is generally founded on some contract alleged to have taken place between the parties, or on some matter of fact from which the law would imply a contract between them. There are various statutes that regulates debt recovery in Nigeria and they include; 1999 constitution of federal Republic of Nigeria,The Companies and Allied Matters Act (CAMA) 2020,The Bankruptcy Act, CAP B2 LFN 1990,The Nigerian Contract Law,Sheriffs and Civil Process Act,Money Lenders Law of Various States,The Limitation Law etc.in *Adeosun v. Odumeru (2003) 1 NWLR (Pt. 802)* 1: This case highlighted the importance of fulfilling contractual obligations in debt recovery. The court emphasised the need for creditors to adhere to the terms of a contract when seeking recovery. *STEPS* *1.Demand Letter* A formal demand letter is issued to the debtor, outlining the outstanding debt and requesting repayment within a specified period. This letter often serves as a pre-litigation step to encourage settlement outside court. In *U.B.N Plc v. Fajebe Foods Ltd (1998) 6 NWLR (Pt. 554) 380*: The court in this case ruled that a creditor must issue a formal demand letter before proceeding to court for debt recovery. *2.Negotiation and Mediation* Before resorting to litigation, debt recovery lawyers often attempt negotiation or alternative dispute resolution (ADR) to reach a mutually beneficial agreement. This approach saves time and reduces costs for both parties. *3.Litigation* If all pre-litigation efforts fail, the creditor can initiate a lawsuit against the debtor to recover the outstanding sum. The court process involves filing a claim, presenting evidence, and obtaining a judgment for debt repayment.in *Nigerian Bottling Co. Ltd v. Abiola & Sons Bottling Co. Ltd (2002) 8 NWLR (Pt. 670) 532*: This case reaffirmed the principle that a debt must be proven beyond doubt. The court ruled in favour of the creditor as the debt was established through documentary evidence. *4.Enforcement of Judgment* Upon obtaining a court judgment, enforcement mechanisms are activated. These may include: A.Garnishee proceedings (seizing funds in the debtor’s bank account). B.Attachment and sale of the debtor’s property. C.Writ of execution (enforcement of court orders). D.Bankruptcy or Winding-Up Proceedings In cases where the debtor is insolvent, bankruptcy or winding-up actions can be initiated to liquidate assets and recover debts *N/B*: police Lacks jurisdiction over debt recovery matters and a creditor who wishes to recover debt must do so within a reasonable time. In *Anyaegbunam v. Osaka (2000) 5 NWLR (Pt. 657) 378*: This case addressed the issue of statute-barred debts. The court ruled that claims for debts must be made within the statute of limitations, or they become unenforceable. *BY* *FELIX CHIBUIKE* *07089621300* *[email protected]* https://whatsapp.com/channel/0029VaBRr0oG3R3lE4UL4A1w
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