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47.1 In these rules a "writ of execution" means any of the

following -

(a) an order for the seizure and sale of goods (Writ of Fieri - Facias)

(b) a writ of possession

(c) a writ of delivery(whether it is

(i) an order for recovery of specified goods; or

(ii) an order for the recovery of goods or their

assessed value); and

(d) an order for confiscation of assets.

(Enforcement by an order for confiscation of assets is dealt with under

Part 53)

47.2 An writ of execution may not be issued without

permission where -

(a) six years have elapsed since the judgment was

entered; or

(b) the judgment creditor is no longer entitled to

enforce the order; or

(c) any party against whom a judgment or order was

liable to be enforced is no longer liable to have it

enforced against him; or

(d) the person against whom the judgment or order was

liable to be enforced has died and the judgment

creditor wishes to enforce against assets of the dead

person which have passed to his personal

representatives since the date of the order; or

(e) the goods against which it is wished to enforce the

judgment or order are in the hands of a receiver or

confiscator appointed by the court; or

(f) the judgment was made subject to conditions

(g) where any statutory provision requires the

permission of the court to be obtained before

judgment is enforced.

47.3 (1) An application for permission may be made without

notice unless the court otherwise directs but must be supported by evidence.

(2) On an application for leave the applicant must satisfy

the court that he is entitled to proceed to enforce the

judgment or order, and, in particular -

(a) where the judgment is a money judgment, as

to -

(i) the amount originally due

(ii) the amount due and the amount of

interest due at the date of the

application; and

(b) where rule 47.2 (1)(a) applies, the reasons for the delay; and

(c) where rule 47.2 (1)(b) applies, as to the change that has taken place; and

(d) where rule 47.2 (1)(d) or (e) applies that a demand to satisfy the judgment or order has been made on the person holding the assets and that he has refused or failed to do so; and

(e) that the applicant is entitled to enforce the judgment; and

(f) that the person against whom enforcement is sought is liable to satisfy the judgment.

47.4 (1) A judgment creditor may recover the fees and costs of

enforcement in addition to any other amount payable

under the judgment.

(2) A writ of execution must include a direction to

recover -

(a) the amount payable for the fees and fixed costs of enforcement; and, in the case of a money judgment

(b) the amount of interest upon the judgment debt.

(3) The rate of interest payable on a judgment debt is the statutory rate of interest.

(4) Unless the court otherwise orders, the amount for which a

writ of execution may be issued must include the unpaid fees

and costs of any previous enforcement proceedings on the

same judgment.

(Part 67 deals with the fixed costs on enforcement)

47.5 Where a judgment or order requires the judgment debtor to do two

or more different things, the judgment creditor may obtain -

(a) a single writ of execution to enforce every part of the judgment or order; or

(b) separate writs of execution to enforce one or more parts of it.

47.6 No writ of execution may be issued where the judgment debtor is the State.

47.7 (1) This rule has effect where the court has made an order

for payment by instalments of -

(a) a sum of money; or

(b) the value of goods assessed after the court has

made an order for the recovery or goods or

their assessed value

and the judgment debtor has failed to pay one or more

instalments.

(2) The judgment creditor has a right to issue an order for

the seizure and sale of the goods for the purpose of

recovering the whole of the amount recoverable under

the judgment and not merely the instalment(s) in

arrear.

47.8 (1) The general rule is that a writ of possession may not

issue without the permission of the court.

(2) The general rule does not apply where the order for

possession related to-

(a) Mortgage Claims (Part 69) or

(b) Summary proceedings for possession (Part 68);

or

(c) proceedings for possession of residential

property; or

(d) proceedings where the tenancy is subject to statutory restrictions.

(3) Permission may not be given unless it is shown that every

person in actual possession of the land has received such notice

of the proceedings as the court considers sufficient to enable him to apply to the court for any relief to which he may be entitled.

(4) An application for permission may be made without notice but

must be supported by evidence.

47.9 A judgment creditor may not issue an order for the recovery of

goods or payment of their assessed value unless that value has

previously been assessed or an order has been made under rule 47.10.

47.10 Where the court makes an order for delivery of goods or

payment of their assessed value, the judgment creditor may

apply to the court for permission to issue an order for delivery

of specified goods without the alternative of payment of the

assessed value.

47.11 (1) A writ of execution is valid for a period of twelve months

beginning with the date of its issue.

(2) After that period the judgment creditor may not take any step

under the writ unless the court has renewed it.

47.12 (1) The judgment creditor may apply for the renewal of a writ of

execution.

(2) The general rule is that an application for renewal must be

made within the period for which the writ is valid.

(3) If the judgment creditor applies for renewal after the end of

that period, the court may renew the writ only if it is

satisfied that the judgment creditor -

(a) has been unable to execute the writ or some part of

it; and

(b) he has taken all reasonable steps to do so.

(4) An application for renewal may be made without notice but

must be supported by evidence.

(5) On such an application the court must have regard to

the interests of any other judgment creditor of whose

existence it is aware.

47.13 On an application for renewal of a writ of execution the court may

renew it for a period of not more than 6 months.

47.14 (1) The renewal of a writ of execution does not change its

effective date.

(2) The effective date is therefore still that of the writ as

originally issued.

(3) The priority of the renewed writ and of any other writ of

execution must be determined accordingly.

47.15 If -

(a) goods are seized under a writ of execution; and

(b) some person other than the judgment creditor or

judgment debtor subsequently claims any of them,

the validity of the writ of execution is extended until

the end of twelve months from the conclusion of

proceedings on that claim.

(Part 54 deals with proceedings on a claim to goods seized)

47.16 (1) The judgment creditor may ask the marshal to

suspend execution.

(2) If he does so, neither the judgment creditor nor the

marshal may take any further step under the recovery

order unless the court first renews the writ.

(Rule 47.12 deals with applications to renew a writ of

execution)

47.17 (1) A judgment creditor who has issued a writ of execution may

serve a notice on the marshal requiring him to make a return

of the manner in which he has executed it.

(2) If the marshal fails to comply with the notice within 14 days

the judgment creditor may apply to the court for an order

directing the marshal to comply.