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55.1 (1) This Part deals with the sale of land,

(a) under the Remedies of Creditors Act to enforce a judgment or order; or

(b) where it appears to the court to be necessary or

expedient to order a sale of land.

(2) In this Part "land" includes any interest in, or right over, land.

55.2 Unless the court makes any special condition or gives any special

directions the following rules apply to any sale of land under

the Remedies of Creditors Act -

(a) The marshal must offer the land for sale by auction to the highest bidder after advertisement of the sale in -

(i) one copy of the Trinidad and Tobago Gazette; and

(ii) two days in each week for a period of four weeks in a

local newspaper.

(b) The cost of the advertisement must be borne by the party

who sought the order for sale ("the applicant") but may be added to the judgment debt to be recovered out of the proceeds of sale if satisfactory evidence of the amount paid is supplied to the marshal.

(c) The applicant must file at the court office a copy of each advertisement under paragraph (a)(ii) not less than 2 days before the day fixed for the sale.

(d) If the applicant fails to comply with the requirements of

paragraphs (a), (b) or (c), the marshal may cancel or

postpone the sale.

(e) Where -

(i) the highest bid at the sale does not exceed [$120] the

sum bid must be paid immediately in cash; or

(ii) the highest bid exceeds [$120] the buyer must

immediately pay the price bid, or a deposit of 10% of

the price bid (or $120 if that be more).

(f) Where the buyer does not make the cash payment required under paragraph (b), the sale must not be closed but continue then or at such other time as the marshal appoints.

(g) The buyer must pay the balance (if any) of the purchase

money within 28 days of the close of the sale.

(h) Where the buyer does not pay the balance of the purchase

price in accordance with paragraph (d) the marshal must

again put the land up for sale after re-advertising in

accordance with paragraph (a).

(i) Where the price paid at a resale under paragraph (h) is less than

the price bid at the previous sale the marshal must apply the

deposit as follows -

(i) first, in payment of the costs of the resale; and

(ii) next, in making good any deficit; and

and any balance must be repaid to the depositor.

(j) The purchase price less any expenses of sale must be paid

forthwith into the Treasury to the credit of the action in which the order for sale was made.

55.3 The marshal may at any time apply to the court to vary, modify the

rules set out in rule 55.2 or to give further directions.

55.4 Where it appears to the court necessary or expedient for the purpose of any proceedings that land be sold the court may -

(a) order the sale of the land identifying the extent of the land to be sold; and

(b) order that any party bound by the order who is -

(i) in possession; or

(ii) in receipt of the rent and profits of,

any part of that land deliver up possession or the receipt of such rent or profits to such person as the court may direct.

55.5 (1) On making an order under rule 55.4, the court must direct

who is to have conduct of the sale and must give directions

as to the manner of sale.

(2) The directions may -

(a) fix the manner of sale; and

(b) fix a reserve or minimum price; and

(c) require payment of the purchase price into court or to

trustees or to some other person; and

(d) provide for the settling of particulars and conditions of sale; and

(e) require evidence to be provided as to the value of the property; and

(f) fix the remuneration to be allowed to an auctioneer and provide for security to be given to him.

55.6 The attorney for the person having conduct of the sale must within two days of the sale file at the court office a certificate by

(a) the auctioneer who conducted the auction sale; or

(b) in any other case, the attorney

setting out the result of the sale.

55.7 Rules 55.4,5 and 6, so far as applicable, apply to any mortgage,

exchange or partition of land under an order of the court.