Order 36 — Writ of Execution

In this order, “writ of execution” includes a writ of fieri facias, a writ of possession, a writ of delivery, a writ of sequestration and any further writ in aid of any of the aforementioned writ.

(1) A writ of execution to enforce a Judgement or order may not be issued without the leave of the Court in any of the following cases, where:

(a) 6 years or more have elapsed since the date of the Judgement order; or

(b) any change has taken place, whether by death or otherwise, in any party entitled or liable to execution under the Judgement order;

(c) the Judgement or order is against the asset of a deceased person coming to the hands of his executors or administrators after the date of the Judgement order, and it is sought to issue execution against the asset;

(d) under the Judgement or order any person is entitled to relief subject to the fulfilment of any condition which it is alleged to have been fulfilled; or

(e) any goods sought to be seized under a writ of execution is in the hands of a receiver appointed by the Court or a sequestrator.

(2) The provisions of sub-rule (1) of this rule is without prejudice to any enactment or rule by virtue of which a person is required to obtain the leave of the Court for the issuance of a writ of execution or to proceed to execution on or otherwise to the enforcement of a Judgement or order.

(3) Where the Court grants leave, whether under this rule or otherwise, for the issuance of a writ of execution and the writ is not issued within 1 year after the date of the order granting the leave, the order shall cease to have effect, without prejudice, however, to the making of a fresh order.

A writ of execution in aid of any other writ of execution shall not be issued without the leave of the Court.

(1) An application for leave to issue a writ of execution may be made ex parte unless the Court directs it to be made by summons.

(2) The application shall be supported by an affidavit:

(a) identifying the Judgement or order to which the application relates and, if the Judgement or order is for the payment of money, stating the amount originally due and the amount due at the date of the application;

(b) stating, where the case falls within rule 2 (1) (a) of this order, the reasons for the delay in enforcing the Judgement or order;

(c) stating, where the case falls within rule 2 (1) (b) of this order, the change which has taken place in the party entitled or liable to execution since the date of the Judgement or order;

(d) stating, where the case falls within rule 2 (1) (c) or (d) of this order, that a demand to satisfy the Judgement or order was made on the person liable to satisfy it and that he has refused or failed to do so; or

(e) giving such other information as is necessary to satisfy the Court that the applicant is entitled to proceed to execution on the Judgement or order in question and that the person against whom it is sought to issue execution is liable to execution on it.

(3) The Court hearing the application may grant leave in accordance with the application or may order that any issue or question, a decision on which is necessary to determine the right of a party, be tried in any manner in which any question of fact or law arising in an action may be tried and, in either case, may impose any term as to cost or otherwise as it thinks just.

(1) Notwithstanding anything in rules 2 and 4 of this order, an application for leave to issue a writ of sequestration shall be made to a Judge by motion.

(2) Subject to the provisions of sub-rule (3) of this rule, the notice of motion, stating the grounds of the application, shall be served personally on the person against whose property it is sought to issue the writ.

(3) The Judge hearing an application for leave to issue a writ of sequestration may sit in private in any case in which there is an application to the Judge to sit in private, if the application were for an order.

(1) The issuance of a writ of execution takes place on its being sealed by an officer of the appropriate office.

(2) A praecipe for the issuance of a writ shall be filed before the writ is issued.

(3) The praecipe shall be signed by or on behalf of the solicitor of the person entitled to execution or if that person is acting in person, by that person.

(4) The writ shall not be sealed unless at the time of the tender for sealing:

(a) the person tendering it produces:

(i) the Judgement or order on which the writ is to be issued, or an office copy of it, or

(ii) where the writ may not be issued without the leave of the Court, the order granting the leave or evidence of the granting of it; and

(b) the officer authorized to seal it is satisfied that the period, if any, specified in the Judgement or order for the payment of any money or the doing of any other act has expired.

(5) A writ of execution shall bear the date of the day on which it is issued.

(6) In this rule “the appropriate office” means:

(a) where the cause or matter in which execution is to be issued is proceeding in a division registry, that registry;

(b) where that cause or matter is an admiralty cause or matter which is not proceeding in a registry, the admiralty registry;

(c) in any other case, the Court registry.

(1) For the purpose of execution, a writ of execution is valid in the first instance for 12 months commencing from the date of its issuance.

(2) Where a writ has not been wholly executed the Court may by order extend the validity of the writ from time to time for a period of 12 months at any time commencing from the day on which the order is made, if an application for extension is made to the Court before the day next following that on which the writ would otherwise expire or such later day, if any as the Court may allow.

(3) Before a writ, the validity of which had been extended under this rule is executed, either the writ shall be sealed with the seal of the office out of which it was issued showing the date on which the order extending its validity was made or the applicant for the order shall serve a notice sealed as aforesaid, on the sheriff to whom the writ is directed informing him of the making of the order and the date.

(4) The production of a writ of execution, or of the notice as is mentioned in sub-rule (3) of this rule purporting in either case can be sealed as mentioned in that sub-rule, shall be evidence that the validity of that writ, or as the case may be, of the writ referred to in that notice, has been extended under this rule.

(1) Any party at whose instance a writ of execution was issued may serve a notice on the sheriff to whom the writ was directed requiring him, within such time as may be specified in the notice, to indorse on the writ a statement the manner in which he has executed it and to send to that party a copy of the statement.

(2) Where a sheriff on whom such notice is served fails to comply with it, the party by whom it was served may apply to the Court for an order directing the sheriff to comply with the notice.