1987 Ed.]
Matrimonial Causes Rules
[CAP. 179
A 39
[Subsidiary]
87. (1) In this rule and in rule 88, unless the context otherwise requires-
"judgment creditor" means a person entitled to enforce an order;
"judgment debtor" means a person liable under an order; "judgment summons" means a summons issued under an order made under R.S.C. Order 48, rule 1(1) requiring a judgment debtor to appear and be examined on oath as to his means;
"order" means an order made in matrimonial proceedings for the payment of money including an order for costs.
(2) Where an order has been made, the court may, on an application made ex parte by the judgment creditor, direct a summons to issue to the judgment debtor to attend before the court and be orally examined on the questions-
(a) whether any and, if so, what debts are owing to the judgment debtor, and
(b) whether the judgment debtor has any and, if so, what other property or means of satisfying the order,
and the court may also order the judgment debtor to produce any books or documents in the possession of the judgment debtor relevant to the questions aforesaid at the time and place appointed for examination.
(3) An application for the issue of a judgment summons shall be in Form 22 and there shall be filed with the application the affidavit required by rule 86(1) which shall exhibit a copy of the order.
(4) Every judgment summons shall be in Form 23 and shall be served on the judgment debtor personally not less than 10 clear days before the hearing and at the time of service there shall be paid or tendered to the judgment debtor a sum reasonably sufficient to cover his expenses in travelling to and from the court at which he is summoned to appear.
(5) On the hearing of the judgment summons the judge may-
(a) where the order is for-
(i) the payment of a lump sum or costs; or
(ii) maintenance pending suit or other periodical payments and it appears to him that the order would have been varied or suspended if the judgment debtor had made an application for that purpose,
make a new order for payment of the amount due under the original order, together with the costs of the judgment summons, either at a specified time or by instalments;
(b) where the judgment debtor fails to attend, adjourn the summons to a specified time on a specified day and order the judgment debtor to attend at that time on that day; and
summons: general provisions. L.N. 193/74.