Order 30 — Interim Attachment of Property

Where:

(a) the defendant in any suit with intent to obstruct or delay the execution of any law that may be passed against him, is about to dispose of his property, or any part of his property, or remove the property from jurisdiction; or

(b) in any suit founded on contract or for detinue in which the cause of action arose within the jurisdiction the defendant is:

(i) absent from the jurisdiction, or there is a probable cause to believe that he is concealing himself to evade service, and

(ii) beneficially entitled to any property in the jurisdiction in the custody or under the control of any other person in the jurisdiction, or such person is indebted to the defendant.

(1) The application for attachment shall contain a specification of the property required to be attached and the estimated value so far as the plaintiff can reasonably ascertain the same.

(2) The plaintiff shall, at the time of making the application referred to in sub-rule (1) of this rule, declare that to the best of his knowledge and belief, the defendant is about to dispose of or remove his property with the intent referred to in rule 1 (a) of this order.

(1) Where the Court after conducting investigations as it may consider necessary is satisfied that the defendant is about to dispose of or remove his property with intent to obstruct or delay the execution of the law, it shall be lawful for the Court to order the defendant, within a time to be fixed by the Court, to:

(a) furnish security in such sum as may be specified in the order;

(b) produce and place at the disposal of the Court when required the property, value of the property or a portion of the property as may be sufficient to fulfil the law; or

(c) appear and show cause why he should not furnish security.

(2) Pending the defendant’s compliance with the order, the Court may by warrant direct the attachment until further order of the whole, or any portion, of the property specified in the application.

(1) Where the defendant fails to show such cause, or to furnish the required security within the time fixed by the Court, the Court may direct that the property specified in the application if not already attached, or such portion as shall be sufficient to fulfill the law, shall be attached until further order.

(2) Where the defendant shows such cause, or furnishes the required security, and the property specified in the application or any portion of it shall have been attached, the Court shall order the attachment to be withdrawn.

The attachment shall not affect the right of any person not a party to the suit, and in the event of any claim being preferred to the property attached before Judgement, the claim shall be investigated in the manner prescribed for the investigation of any claim to property attached in execution of a law.

In any case of attachment before Judgement, the Court shall at any time remove the attachment, on the defendant furnishing security as required.

(1) The application may be made to the Court in the judicial division where the defendant resides or where it is urgent, where the property proposed to be attached is situate and the Court may make the order as the Court shall deem just.

(2) Where a different Court from that in which the suit is pending issues an order for the attachment of property, the Court that issues the order shall, on the request of either of the parties:

(a) transmit the application and evidence to the Court in which the suit is pending; and

(b) retain the property under attachment or take sufficient security for its value.

(3) The Court in which the suit is pending shall inquire to and proceed with the application in accordance with the foregoing provisions, in such manner as shall seem just.