1988 Ed.] The Rules of the Supreme Court-Order 44A
[CAP. 4
A 169
[Subsidiary]
Provided that the Court shall not award a larger sum by way of compensation under this rule than is competent to the Court to award in an action for damages.
(2) An award of compensation under this rule shall bar any action for damages in respect of the prohibition order.
Interim attachment of property of defendant
Application for taking security from defendant or for attachment of his property in certain cases (O. 44A, r. 7)
7. (1) If in any action the defendant, with intent to obstruct or delay the execution of any judgment that may be given against him in the action, is about to dispose of his property or any part thereof, or to remove any such property from the jurisdiction of the Court, the plaintiff may, either at the institution of the action or at any time thereafter until final judgment, apply to the Court to call upon the defendant to furnish sufficient security to produce and place at the disposal of the Court, when required, his property, or the value of the same, or such portion thereof as may be sufficient to answer any judgment that may be given against him in the action, and, in the event of his failing to furnish such security, to direct that any property, movable or immovable, belonging to the defendant shall be attached until the further order of the Court.
(2) The application shall contain a specification of the property required to be attached, and the estimated value thereof, so far as the plaintiff can reasonably ascertain the same.
(3) There shall be filed with the application an affidavit to the effect that the defendant is about to dispose of or remove his property or some part thereof, with such intent as aforesaid.
Issue of warrant requiring defendant to furnish security or to appear and show cause, and attaching his property (O. 44A, r. 8)
8. (1) If the Court, after making such investigation as it may consider necessary, is of opinion that there is probable cause for believing that the defendant is about to dispose of or remove his property or some part thereof, with such intent as aforesaid, it shall be lawful for the Court to issue a warrant to the bailiff commanding him to call upon the defendant, within a time to be fixed by the Court, either to furnish security, in such sum as may be specified in the order to produce and place at the disposal of the Court, when required, the said property, or the value of the same, or such portion thereof as may be sufficient to answer any judgment that may be given against him in the action, or to appear before the Court and show cause why he should not furnish such security.
(2) The Court may also in the warrant direct the attachment until further order of the whole or any portion of the property of the defendant within the Colony.
App. C. Form $.
1988 Ed.] The Rules of the Supreme Court-Order 44A
[CAP. 4
A 169
[Subsidiary]
Provided that the Court shall not award a larger sum by way of compensation under this rule than is competent to the Court to award in an action for damages.
(2) An award of compensation under this rule shall bar any action for damages in respect of the prohibition order.
Interim attachment of property of defendant
Application for taking security from defendant or for attachment of his
property in certain cases (O. 44A, r. 7)
7. (1) If in any action the defendant, with intent to obstruct or delay the execution of any judgment that may be given against him in the action, is about to dispose of his property or any part thereof, or to remove any such property from the jurisdiction of the Court, the plaintiff may, either at the institution of the action or at any time thereafter until final judgment, apply to the Court to call upon the defendant to furnish sufficient security to produce and place at the disposal of the Court, when required, his property, or the value of the same, or such portion thereof as may be sufficient to answer any judgment that may be given against him in the action, and, in the event of his failing to furnish such security, to direct that any property, movable or immovable, belonging to the defendant shall be attached until the further order of the Court.
(2) The application shall contain a specification of the prop- erty required to be attached, and the estimated value thereof, so far as the plaintiff can reasonably ascertain the same.
(3) There shall be filed with the application an affidavit to the effect that the defendant is about to dispose of or remove his property or some part thereof, with such intent as aforesaid.
Issue of warrant requiring defendant to furnish security or to appear
and show cause, and attaching his property (O. 44A, r. 8)
8. (1) If the Court, after making such investigation as it may consider necessary, is of opinion that there is probable cause for believing that the defendant is about to dispose of or remove his property or some part thereof, with such intent as aforesaid, it shall be lawful for the Court to issue a warrant to the bailiff commanding him to call upon the defendant, within a time to be fixed by the Court, either to furnish security, in such sum as may be specified in the order to produce and place at the disposal of the Court, when required, the said property, or the value of the same, or such portion thereof as may be sufficient to answer any judgment that may be given against him in the action, or to appear before the Court and show cause why he should not furnish such security.
(2) The Court may also in the warrant direct the attachment until further order of the whole or any portion of the property of the defendant within the Colony.
App. C. Form $.
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