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48.1 This rule deals with -

(a) the variation of the terms of judgment for payment of a

specified sum of money as to the time and method of payment;

and

(b) the suspension of writs of fi fa and writs of delivery.

48.2 (1) This rule applies to -

(a) judgments for payment of specified sum of money;

(b) judgments for the delivery of goods or payment of their

value;

(b) writs of Fi Fa; and

(c) Writs of delivery.

(2) An application by the judgment debtor to vary the terms of the

judgment as to the time or method of payment or to suspend a

writ of execution under this rule must be supported by evidence

in the practice form.

48.3 (1) The court must serve the application to vary or suspend on

the judgment creditor.

(2) The judgment creditor may file and serve on the

judgment debtor objections to the application.

(3) If the judgment creditor does not do so before the end

of 14 days from the date of service of the application,

the court may make an order in the terms for which

the judgment debtor asks.

(4) If the judgment creditor objects only to the rate and

time of any payment proposed by the judgment

debtor, the court -

(a) may decide the rate and time of payments; and where appropriate,

(b) may make an order suspending the writ of execution on those terms.

(5) The court may make this decision without a hearing.

(6) The court office must serve a copy of the order made under

paragraph (3) or (4) on the judgment creditor and

judgment debtor.

48.4 (1) The judgment creditor or the judgment debtor may

apply to the court to reconsider the decision.

(2) The application may not be made more than 14 days

after the date of service of the court's order under rule

48.3(6).

(3) The court must fix a hearing and give the judgment

creditor and judgment debtor at least 7 days notice of

the date time and place of the hearing.

48.5 If the judgment creditor gives the court notice that he does not

agree to a variation as to the time or method of payment or suspension

of the writ of execution on any terms, the court must fix a hearing and

give the judgment creditor and judgment debtor at least 7 days notice of

the date time and place of the hearing.

48.6 Where the court considers an application to vary the judgment or suspend a writ of execution it may add to the judgment debt -

(a) the costs of the application for variation or suspension; and

(b) any costs or fees incurred by the judgment creditor in

connection with any writ of execution,

such costs must be assessed by the court.

(Rules 67.11 and 12 deal with assessed costs)

48.7 (1) A judgment creditor may re-issue a writ of execution

where -

(a) execution has been suspended on terms; and

(b) the judgment debtor has not complied with

those terms.

(2) The re-issued order has the same priority as the

original order.