A350
Ord. No. 52/87
Enforcement of
fines and forfeited recognizances.
1981 c. 54, s. 140.
Relief against forfeiture by
action for
non-payment
of rent.
1984 c. 28, s. 138.
SUPREME COURT (AMENDMENT)
Provided that nothing in this subsection shall affect the right of any claimant who may prove that at the time of sale he had title to any goods so seized and sold to any remedy to which he may be entitled against any person other than such bailiff or purchaser as aforesaid.
(3) Notwithstanding the preceding provisions of this section the Court may, subject to rules of court, set aside the sale of any immovable property in execution of a judgment on the ground of material irregularity in the conduct of the sale.
21E. (1) Payment of a fine imposed, or sum due under a recognizance forfeited, by the Court of Appeal in its civil jurisdiction or by the High Court may be enforced upon the order of the Court in like manner as a judgment of the High Court for the payment of money.
(2) Where payment of a fine or other sum falls to be enforced upon an order of the Court of Appeal in its civil jurisdiction or of the High Court-
(a) the Court shall, if the fine or other sum is not paid in full forthwith or within such time as the Court may allow, certify to the Registrar the sum payable; and
(b) the Registrar shall thereupon proceed to enforce payment of that sum as if it were due to him as a judgment debt.
(3) In this section, "fine" includes a penalty imposed in civil proceedings.
21F. (1) This section has effect where a lessor is pro- ceeding by action in the High Court to enforce against a lessee a right of re-entry or forfeiture in respect of any land for non-payment of rent.
(2) If, within the time prescribed by rules of court for acknowledging service of the writ by which the action was commenced, the lessee pays into court all the rent in arrear and the costs of the action, the action shall cease, and the lessee shall hold the land according to the lease without any new lease.
(3) If-
(a) the action does not cease under subsection (2); and
(b) the Court at the trial is satisfied that the lessor is entitled to enforce the right of re-entry or forfeiture,
the Court shall order possession of the land to be given to the lessor at the expiration of such period, but not being less than 4 weeks from the date of the order, as the Court thinks fit, unless within that period the lessee pays into court all the rent in arrear and such sum as the Court shall direct on account of the costs of the action.
SUPREME COURT (AMENDMENT)
Ord. No. 52/87
A351
(4) The Court may extend the period specified under subsection (3) at any time before possession of the land is recovered in pursuance of the order under that subsection.
(5) Subject to subsection (6), if—--
(a) within the period specified in the order; or
(b) within that period as extended under subsection (4),
the lessee pays into court-
(i) all the rent in arrear; and
(ii) the sum directed to be paid on account of the costs
of the action,
he shall hold the land according to the lease without any new lease.
(6) Subsection (2) shall not apply where the lessor is proceeding in the same action to enforce a right of re-entry or forfeiture on any other ground as well as for non-payment of rent, or to enforce any other claim as well as the right of re-entry or forfeiture and the claim for arrears of rent.
(7) If the lessee does not—
(a) within the period specified in the order; or
(b) within that period as extended under subsection (4), pay into court-
(i) all the rent in arrear; and
(ii) the sum directed to be paid on account of the costs
of the action,
the order may be enforced and so long as the order remains unreversed the lessee shall be barred from all relief.
(8) The extension under subsection (4) of a period fixed by the Court shall not be treated as relief from which the lessee is barred by subsection (7) if he fails to pay into court all the rent in arrear and the sum directed to be paid on account of the costs of the action within that period.
(9) Where the Court extends a period under subsec- tion (4) at a time when-
(a) that period has expired; and
(b) a writ of possession in respect of the land has been
issued,
the Court shall suspend the writ for the extended period, and if, before the expiration of the extended period, the lessee pays into court all the rent in arrear and the sum directed to be paid on account of the costs of the action, the Court shall cancel the writ.
(10) Nothing in this section shall be taken to affect― (a) the power of the Court to enter final judgment in a case where the defendant fails to give notice of intention to defend;