A 116
[Subsidiary]
CAP. 4
The Rules of the Supreme Court Order 31 [1988 Ed.
may order that land or part to be sold, and any party bound by the order and in possession of that land or part, or in receipt of the rents and profits thereof, may be compelled to deliver up such possession or receipt to the purchaser or to such other person as the Court may direct.
In this Order "land" includes any interest in, or right over, land.
Manner of carrying out sale (O. 31, r. 2)
2. (1) Where an order is made, whether in court or in chambers, directing any land to be sold, the Court may permit the party or person having the conduct of the sale to sell the land in such manner as he thinks fit, or may direct that the land be sold in such manner as the Court may either by the order or subsequently direct for the best price that can be obtained, and all proper parties shall join in the sale and conveyance as the Court shall direct.
(2) The Court may give such directions as it thinks fit for the purpose of effecting the sale, including, without prejudice to the generality of the foregoing words, directions-
(a) appointing the party or person who is to have the conduct of the sale;
(b) fixing the manner of sale, whether by contract conditional on the approval of the Court, private treaty, public auction, tender or some other manner;
(c) fixing reserve or minimum price;
(d) requiring payment of the purchase money into court or to trustees or other persons;
(e) for settling the particulars and conditions of sale;
(f) for obtaining evidence of the value of the property;
(g) fixing the security (if any) to be given by the auctioneer, if the sale is to be by public auction, and the remuneration to be allowed him;
(h) requiring an abstract of the title to be referred to counsel for his opinion thereon and to settle the particulars and conditions of sale.
Certifying result of sale (O. 31, r. 3)
3. (1) If either the Court has directed payment of the purchase money into court or the Court so directs, the result of a sale by order of the Court must be certified-
(a) in the case of a sale by public auction, by the auctioneer who conducted the sale; and
(b) in any other case, by the solicitor of the party or person having the conduct of the sale;