A 178
CAP. 4)
[Subsidiary]
App. A. Form 69.
The Rules of the Supreme Court-Order 46 [1988 Ed.
ORDER 46
WRITS OF EXECUTION: GENERAL
Definition (O. 46, r. 1)
1. In this Order, unless the context otherwise requires, “writ of execution" includes a writ of fieri facias, a writ of possession, a writ of delivery, a writ of sequestration and any further writ in aid of any of the aforementioned writs.
When leave to issue any writ of execution is necessary (O. 46, r. 2)
2. (1) A writ of execution to enforce a judgment or order may not issue without the leave of the Court in the following cases, that is to say-
(a) where 6 years or more have elapsed since the date of the judgment or order;
(b) where any change has taken place, whether by death or otherwise, in the parties entitled or liable to execution under the judgment or order;
(c) where the judgment or order is against the assets of a deceased person coming to the hands of his executors or administrators after the date of the judgment or order, and it is sought to issue execution against such assets;
(d) where under the judgment or order any person is entitled to relief subject to the fulfilment of any condition which it is alleged has been fulfilled;
(e) where any goods sought to be seized under a writ of execution are in the hands of a receiver appointed by the Court or a sequestrator.
(2) Paragraph (1) is without prejudice to any written law or rule by virtue of which a person is required to obtain the leave of the Court for the issue of a writ of execution or to proceed to execution on or otherwise to the enforcement of a judgment or order.
(3) Where the Court grants leave, whether under this rule or otherwise, for the issue of a writ of execution and the writ is not issued within one year after the date of the order granting such leave, the order shall cease to have effect, without prejudice, however, to the making of a fresh order.
Leave required for issue of writ in aid of other writ (O. 46, r. 3)
3. A writ of execution in aid of any other writ of execution shall not issue without the leave of the Court.
Application for leave to issue writ (O. 46, r. 4)
4. (1) An application for leave to issue a writ of execution may be made ex parte unless the Court directs it to be made by summons.
A 178
CAP. 4)
[Subsidiary]
App. A. Form 69.
The Rules of the Supreme Court-Order 46 [1988 Ed.
ORDER 46
WRITS OF EXECUTION: GENERAL
Definition (O. 46, r. 1)
1. In this Order, unless the context otherwise requires, “writ of execution" includes a writ of fieri facias, a writ of possession, a writ of delivery, a writ of sequestration and any further writ in aid of any of the aforementioned writs.
When leave to issue any writ of execution is necessary (O. 46, r. 2)
2. (1) A writ of execution to enforce a judgment or order may not issue without the leave of the Court in the following cases, that is to say-
(a) where 6 years or more have elapsed since the date of the
judgment or order;
(b) where any change has taken place, whether by death or otherwise, in the parties entitled or liable to execution under the judgment or order;
(c) where the judgment or order is against the assets of a deceased person coming to the hands of his executors or administrators after the date of the judgment or order, and it is sought to issue execution against such assets;
(d) where under the judgment or order any person is entitled to relief subject to the fulfilment of any condition which it is alleged has been fulfilled;
(e) where any goods sought to be seized under a writ of execution are in the hands of a receiver appointed by the Court or a sequestrator.
(2) Paragraph (1) is without prejudice to any written law or rule by virtue of which a person is required to obtain the leave of the Court for the issue of a writ of execution or to proceed to execution on or otherwise to the enforcement of a judgment or order.
(3) Where the Court grants leave, whether under this rule or otherwise, for the issue of a writ of execution and the writ is not issued within one year after the date of the order granting such leave, the order shall cease to have effect, without prejudice, however, to the making of a fresh order.
Leave required for issue of writ in aid of other writ (O. 46, r. 3)
3. A writ of execution in aid of any other writ of execution shall not issue without the leave of the Court.
Application for leave to issue writ (O. 46, r. 4)
4. (1) An application for leave to issue a writ of execution may be made ex parte unless the Court directs it to be made by
summons.
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