WRIT OF EXECUTION-GENERAL

1. In this Order, unless the context otherwise requires-

2. (1) A writ of execution to enforce a judgment or order may not issue without the leave of the Court in the following cases, that is to say-

(2) Paragraph (1) 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 issue of a writ of execution or to proceed to execution on or otherwise to the enforcement of a judgment or order.

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

3. A writ of execution in aid of any other writ of execution shall not issue without the leave of the Court.

4. (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) Such an application must be supported by an affidavit-

(3) The Court hearing such 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 rights of the parties, 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 such terms as to costs or otherwise as it thinks just.

5. (1) Notwithstanding anything in rules 2 and 4, an application for leave to issue a writ of sequestration must be made to a judge by motion.

(2) Subject to paragraph (3), the notice of motion, stating the grounds of the application and accompanied by a copy of the affidavit in support of the application, must be served personally on the person against whose property it is sought to issue the writ.

(3) Without prejudice to its powers under Order 65, rule 4, the Court may dispense with service of the notice of motion under this rule if it thinks it just to do so.

(4) The Judge hearing an application for leave to issue a writ of sequestration may sit in private in any case in which, if the application were for an order of committal, he would be entitled to do so by virtue of Order 52, rule 7, but except in such a case, the application shall be heard in open court.

(5) A writ of sequestration shall have the same effect as a writ of sequestration has in the High Court of Justice in England, and the proceeds of such sequestration may be dealt with in the same manner as the proceeds of writs of sequestration are dealt with by that Court.

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

(2) Before such a writ is issued a praecipe for its issue must be filed.

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

(4) No such writ shall be sealed unless at the time of the tender thereof for sealing-

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

(6) In this rule "the appropriate office" means-

7. (1) Where any party entitled to enforce a judgment or order for the payment of money is a non-resident as defined in section 2(1) of the Exchange Control Act 1970, then unless the Central Bank has given permission under the Exchange Control Act 1970 for payment of the money to him unconditionally or on conditions which have been complied with, any writ of execution to enforce that judgment or order must direct the Marshal to pay the proceeds of execution into court.

Notice of a payment into court in compliance with such a direction must be given by the Marshal to the party by whom the writ of execution was issued or to his solicitor or agent.

(2) Where the Central Bank has given such permission unconditionally or on conditions which have been complied with, the praecipe for the issue of a writ of execution to enforce the judgment or order in question must be indorsed with a certificate of that fact.

8. (1) For the purpose of execution, a writ of execution is valid in the first instance for 12 months beginning with the date of its issue.

(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 beginning with the date 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 has been extended under this rule is executed either the writ must be sealed with the seal of the office out of which it is issued, showing the date on which the order extending its validity was made or the applicant for the order must serve a notice (in Form No. 44 in Appendix A), sealed as aforesaid, on the Marshal to whom the writ is directed informing him of the making of the order and the date thereof.

(4) The priority of a writ, the validity of which has been extended under this rule, shall be determined by reference to the date on which it was originally delivered to the Marshal.

(5) The production of a writ of execution, or of such a notice as is mentioned in paragraph (3), purporting in either case to be sealed as mentioned in that paragraph, 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.

9. (1) Any party at whose instance a writ of execution was issued may serve a notice on the Marshal 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 of the manner in which he has executed it.