32
CAP. 336]
Levy on goods, etc. in first instance.
Priority of High Court and court executions.
Provisions as to forfeiture for non-payment of rent.
District Court
[1984 Ed.
the time of service of the summons a reasonable sum in respect of his expenses, including, in such cases as may be prescribed, compensation for loss of time.
(2) Any person present in court who is required to give evidence but refuses to be sworn or to give evidence shall be punishable as aforesaid.
(3) A judge may at his discretion direct that the whole or any part of any fine paid under this section shall, after deducting the costs, be applicable towards indemnifying the party injured by the refusal or neglect without prejudice to the right of the party so injured to institute civil proceedings in respect of the injury.
(Added, 59 of 1981, s. 4)
67. In the execution of a judgment or order for the recovery of a sum of money, the bailiff shall in the first instance, if practicable, levy execution on the goods, chattels and effects of the party against whom it is made and in the event of the bailiff not being able to find sufficient goods, chattels or effects and of the said party failing to point out to the bailiff any property whereon to levy, the bailiff shall enforce the judgment or order by personal arrest and imprisonment. (22 of 1962, s. 43, incorporated)
68. (1) Where writs have been issued from the High Court and from the Court or from the Court only, at the suit of different plaintiffs, against the goods of the same person, the right to the goods seized shall be determined by the priority of the time of delivery of the writ to the bailiff to be executed.
(2) The bailiff shall endorse on every such writ the date and time of the same coming to his hands for execution.
(22 of 1962, s. 44, incorporated)
69. (1) Where a lessor is proceeding by action in the Court (being an action in which the Court has jurisdiction) to enforce against a lessee a right of re-entry or forfeiture in respect of any land for non-payment of rent, the following provisions shall have effect-
(a) if the lessee pays into court not less than 5 clear days before the return day all the rent in arrear, together with such sum as would have been payable as rent if there had been no re-entry or forfeiture, and the costs of the action as endorsed on the writ, the action shall cease, and the lessee shall hold the land according to the lease without any new lease; (Amended, 103 of 1970, s. 9)
(b) if the action does not cease as aforesaid and the Court at trial, or the Registrar in the case where an application is made to enter judgment in default of defence, is satisfied that the lessor is entitled to enforce the right of re-entry or forfeiture, the Court or the Registrar shall order possession of the land to be given to the lessor at the expiration of such period, not being less than 4 weeks from the date of
32
CAP. 336]
Levy on goods, etc. in first instance.
Priority of High Court and court executions.
Provisions as to forfeiture for non-payment of
rent.
District Court
[1984 Ed.
the time of service of the summons a reasonable sum in respect of his expenses, including, in such cases as may be prescribed, compensa- tion for loss of time.
(2) Any person present in court who is required to give evidence but refuses to be sworn or to give evidence shall be punishable as aforesaid.
(3) A judge may at his discretion direct that the whole or any part of any fine paid under this section shall, after deducting the costs, be applicable towards indemnifying the party injured by the refusal or neglect without prejudice to the right of the party so injured to institute civil proceedings in respect of the injury.
( Added, 59 of 1981, s. 4)
67. In the execution of a judgment or order for the recovery of a sum of money, the bailiff shall in the first instance, if practicable, levy execution on the goods, chattels and effects of the party against whom it is made and in the event of the bailiff not being able to find sufficient goods, chattels or effects and of the said party failing to point out to the bailiff any property whereon to levy, the bailiff shall enforce the judgment or order by personal arrest and imprisonment. (22 of 1962, s. 43, incorporated)
68. (1) Where writs have been issued from the High Court and from the Court or from the Court only, at the suit of different plaintiffs, against the goods of the same person, the right to the goods seized shall be determined by the priority of the time of delivery of the writ to the bailiff to be executed.
(2) The bailiff shall endorse on every such writ the date and time of the same coming to his hands for execution.
(22 of 1962, s. 44, incorporated}
69. (1) Where a lessor is proceeding by action in the Court (being an action in which the Court has jurisdiction) to enforce against a lessee a right of re-entry or forfeiture in respect of any land for non-payment of rent, the following provisions shall have effect-
(a) if the lessee pays into court not less than 5 clear days before the return day all the rent in arrear, together with such sum as would have been payable as rent if there had been no re-entry or forfeiture, and the costs of the action as endorsed on the writ, the action shall cease, and the lessee shall hold the land according to the lease without any new lease; (Amended, 103 of 1970, s. 9)
(b) if the action does not cease as aforesaid and the Court at trial, or the Registrar in the case where an application is made to enter judgment in default of defence, is satisfied that the lessor is entitled to enforce the right of re-entry or forfeiture, the Court or the Registrar shall order posses- sion of the land to be given to the lessor at the expiration of such period, not being less than 4 weeks from the date of
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