1964_MATRIMONIAL_CAUSES_RULES — Page 40

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A 40

CAP. 179]

[Subsidiary]

Matrimonial Causes Rules

[1987 Ed.

Special

provisions as to

judgment

summons. L.N. 193/74.

(c) where the judgment debtor, having been ordered under paragraph (b) to attend at a specified time on a specified day, fails to do so, or where the judgment debtor attends but fails to show cause why an order of commitment should not be made against him make an order for the commitment of the judgment debtor.

(6) If the judge makes an order of commitment, he may direct its execution to be suspended on terms that the judgment debtor pays to the judgment creditor the amount due, together with the costs of the judgment summons, either at a specified time or by instalments, in addition to any sums accruing due under the original order.

(7) All payments under a new order or an order of commitment shall be made to the judgment creditor unless the judge otherwise directs.

(8) Where an order of commitment is suspended on such terms as are mentioned in paragraph (6)-

(a) all payments thereafter made under the said order shall be deemed to be made, first, in or towards the discharge of any sums from time to time accruing due under the original order and, secondly, in or towards the discharge of the debt in respect of which the judgment summons was issued and the costs of the summons; and

(b) the said order shall not be issued until the judgment creditor has filed an affidavit of default on the part of the judgment debtor.

88.

(1) R.S.C. Order 38, rule 2(3) (which enables evidence to be given by affidavit in certain cases), shall apply to a judgment summons as if it were an originating summons.

(2) Witnesses may be summoned to prove the means of the judgment debtor in the same manner as witnesses are summoned to give evidence on the hearing of a cause, and writs of subpoena may for that purpose be issued out of the registry in which the judgment summons is issued.

(3) Where the judgment debtor appears at the hearing, the travelling expenses paid to him may, if the judge so directs, be allowed as expenses of a witness, but if the judgment debtor appears at the hearing and no order of commitment is made, the judge may allow to the judgment debtor, by way of set-off or otherwise, his proper costs, including compensation for loss of time, as upon an attendance by a defendant at a trial in court.

(4) Where a new order or an order of commitment is made, the registrar shall send notice of the order to the judgment debtor.

(5) An order of commitment shall be directed to the bailiff, for execution by him.

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A 40 CAP. 179] [Subsidiary] Matrimonial Causes Rules [1987 Ed. Special provisions as to judgment summons. L.N. 193/74. (c) where the judgment debtor, having been ordered under paragraph (b) to attend at a specified time on a specified day, fails to do so, or where the judgment debtor attends but fails to show cause why an order of commitment should not be made against him make an order for the commitment of the judgment debtor. (6) If the judge makes an order of commitment, he may direct its execution to be suspended on terms that the judgment debtor pays to the judgment creditor the amount due, together with the costs of the judgment summons, either at a specified time or by instalments, in addition to any sums accruing due under the original order. (7) All payments under a new order or an order of commitment shall be made to the judgment creditor unless the judge otherwise directs. (8) Where an order of commitment is suspended on such terms as are mentioned in paragraph (6)- (a) all payments thereafter made under the said order shall be deemed to be made, first, in or towards the discharge of any sums from time to time accruing due under the original order and, secondly, in or towards the discharge of the debt in respect of which the judgment summons was issued and the costs of the summons; and (b) the said order shall not be issued until the judgment creditor has filed an affidavit of default on the part of the judgment debtor. 88. (1) R.S.C. Order 38, rule 2(3) (which enables evidence to be given by affidavit in certain cases), shall apply to a judgment summons as if it were an originating summons. (2) Witnesses may be summoned to prove the means of the judgment debtor in the same manner as witnesses are summoned to give evidence on the hearing of a cause, and writs of subpoena may for that purpose be issued out of the registry in which the judgment summons is issued. (3) Where the judgment debtor appears at the hearing, the travelling expenses paid to him may, if the judge so directs, be allowed as expenses of a witness, but if the judgment debtor appears at the hearing and no order of commitment is made, the judge may allow to the judgment debtor, by way of set-off or otherwise, his proper costs, including compensation for loss of time, as upon an attendance by a defendant at a trial in court. (4) Where a new order or an order of commitment is made, the registrar shall send notice of the order to the judgment debtor. (5) An order of commitment shall be directed to the bailiff, for execution by him. Page 40 Page 41

Baseline (Original)

A 40 CAP. 179] [Subsidiary] Matrimonial Causes Rules [1987 Ed. Special provisions as to judgment summons. L.N. 193/74. (c) where the judgment debtor, having been ordered under paragraph (b) to attend at a specified time on a specified day, fails to do so, or where the judgment debtor attends but fails to show cause why an order of commitment should not be made against him make an order for the commitment of the judgment debtor. (6) If the judge makes an order of commitment, he may direct its execution to be suspended on terms that the judgment debtor pays to the judgment creditor the amount due, together with the costs of the judgment summons, either at a specified time or by instalments, in addition to any sums accruing due under the original order. (7) All payments under a new order or an order of commit- ment shall be made to the judgment creditor unless the judge otherwise directs. (8) Where an order of commitment is suspended on such terms as are mentioned in paragraph (6)- (a) all payments thereafter made under the said order shall be deemed to be made, first, in or towards the discharge of any sums from time to time accruing due under the original order and, secondly, in or towards the discharge of the debt in respect of which the judgment summons was issued and the costs of the summons; and (b) the said order shall not be issued until the judgment creditor has filed an affidavit of default on the part of the judgment debtor. 88. (1) R.S.C. Order 38, rule 2(3) (which enables evidence to be given by affidavit in certain cases), shall apply to a judgment summons as if it were an originating summons. (2) Witnesses may be summoned to prove the means of the judgment debtor in the same manner as witnesses are summoned to give evidence on the hearing of a cause, and writs of subpoena may for that purpose be issued out of the registry in which the judgment summons is issued. (3) Where the judgment debtor appears at the hearing, the travelling expenses paid to him may, if the judge so directs, be allowed as expenses of a witness, but if the judgment debtor appears at the hearing and no order of commitment is made, the judge may allow to the judgment debtor, by way of set-off or otherwise, his proper costs, including compensation for loss of time, as upon an attendance by a defendant at a trial in court. (4) Where a new order or an order of commitment is made, the registrar shall send notice of the order to the judgment debtor. (5) An order of commitment shall be directed to the bailiff, for execution by him. Page 40Page 41

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