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DISTRICT COURT (CIVIL PROCEDURE) RULES, 2004

 

      Rule        

 

 

ORDER 21

EXECUTION

Mode of execution

1. The mode of execution is determined by the nature of the judgment and the property of the judgment debtor available to satisfy the judgment.

Meaning of writ in this order

2. In this order a reference to a writ includes a reference to a further writ or an order in aid of the writ.

Enforcement of judgment for payment of money or order in aid of a writ

3. (1) Subject to these Rules, a judgment or order for the payment of money which is not a judgment or order for the payment of money into court, may be enforced by one or more of the following:

(a) writ of fierifacias as set out in Form 11 in the First Schedule;

(b) garnishee proceedings;

(c) a charging order;

(d) the appointment of a receiver;

               (e) in a case in which rule 6 applies, an order of committal from the High Court; and

               (f) subject to the conditions stated in Order 24, summons to show cause.

(2) Subject to these Rules, a judgment or order for the payment of money into Court may be enforced by either or both of the following:

             (a) the appointment of a receiver;

              (b) in a case in which rule 6 applies, an order of committal from the High Court.

Enforcement of judgment for possession of immovable property

4. (1) Subject to these Rules, a judgment or order for the recovery of possession of immovable property may be enforced by either or both of the following:

              (a) a writ of possession;

              (b) in a case in which rule 6 applies, an order of committal from the High Court.

(2) A writ of possession shall be used to enforce a judgment or order for the recovery of possession of immovable property and shall be as set out in Form 12 in the First Schedule.

(3) A writ of possession shall not be issued without leave of the Court.

(4) The leave shall be granted if it is shown that each person in actual possession of the whole or any part of the immovable property has received, in the opinion of the Court, sufficient notice of the proceedings in which the judgment is obtained to enable that person to apply to the Court for the relief to which that person is entitled.

(5) A writ of possession may include provision for enforcing the payment of money adjudged or ordered to be paid by the judgment or order which is to be enforced by the writ.

Enforcement of judgment for delivery of goods

5. (1) Subject to these Rules, a judgment or order for the delivery of goods which does not give a person against whom the judgment is given or the order is made, the alternative of paying the assessed value of the goods, may be enforced by a writ of delivery to recover the goods or their assessed value, referred to in this rule as a writ of specific delivery.

(2) Subject to these Rules, a judgment or order for the delivery of goods or payment of their assessed value may be enforced by either or both of the following:

(a) a writ of delivery to recover the goods or their assessed value;

(b) a writ of specific delivery with leave of the Court.

(3) A writ of specific delivery as set out in Form 13 in the First Schedule and a writ of delivery to recover goods or their assessed value may include a provision for enforcing the payment of money adjudged to be paid by the judgment or order which is to be enforced by the writ.

(4) A judgment or order for the payment of the assessed value of goods may be enforced by the same means as any other judgment or order for the payment of money.

 Enforcement of judgment to do or abstain from doing an act

     6. Where a person

                                     (a) required by a judgment or order to do an act within a time specified in the judgment or order refuses or neglects to do that act within that time, or

                     (b) disobeys a judgment or order requiring that person to abstain from doing an act,

the judgment or order may be enforced by an application to the High Court for an order for committal .

Court may order act to be done at expense of disobedient party

7. (1) If a mandatory order, an injunction, a judgment or order for the specific performance of a contract is not complied with, the Court may direct that the party by whom the order, injunction or judgment is obtained or some other person appointed by the Court, at the cost of the disobedient party, enforce the order, judgment or injunction as far as is practicable.

(2) If a judgment or order that requires a party to execute a deed or endorse a negotiable instrument is not complied with, the other party interested in having the deed executed or the instrument endorsed may prepare a deed for endorsement of the instrument in accordance with the terms of the judgment or order and tender it to the Court for execution together with the amount of any stamp duty payable.

(3) The deed for endorsement of the instrument with the signature on it by the Registrar shall have the same effect as the execution or endorsement by the disobedient party and the disobedient party is liable

for contempt of Court.                                          .

(4) Subrules (2) and (3) shall not limit the right of the other party in whose favour the order is made to apply to the High Court for an order of committal for contempt against the disobedient party.

(5) Where an action is taken under subrules (1) and (2) the expenses incurred may be ascertained in a manner directed by the Court and execution may issue against the disobedient party for the amount as ascertained and for costs.

Execution by or against person not being a party

8. (1) A person who is not a party to the cause or matter but who obtains any order or in whose favour an order is made, is entitled to enforce obedience to the order by the same process as a party.


         (2) A person who is not a party to a cause or matter but against whom obedience to a judgment or order may be enforced is liable to the same process for enforcing obedience to the judgment or order as a party.

Conditional judgment, waiver

9. A party entitled under a judgment or order or to any relief subject to the fulfillment of a condition but who fails to fulfil that condition, shall be considered to have abandoned the benefit of the judgment or order and unless the Court otherwise directs, another person interested may take any proceedings which are either warranted by the judgment or order or might have been taken if the judgment or order had not been given or made.

Forms applicable to this Order

10. The Forms provided in the Schedule to these Rules shall be used for the respective purposes provided for in this Order.

 

 

 

 

 

 

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