ORDER 13.-ENFORCEMENT OF JUDGEMENTS.

Division 1.-General.

1. Interpretation of Division 1. (42/1)

In this Division, unless the contrary intention appears -

(a) judgement includes an order; and

(b) a reference to a writ or other means for the enforcement of a judgement extends to any further writ or other means in aid of the first mentioned writ or means.

2. Payment of money. (42/2)

(1) A judgement for the payment of money (not for the payment of money into Court) may be enforced by one or more of the following means: -

(a) levy of property; or

(b) attachment of debts; or

(c) charging order; or

(d) appointment of a receiver; or

(e) in a case in which Rule 6 applies but subject to Rule 8-

(i) committal; and

(ii) sequestration.

(2) A judgement for the payment of money into Court may be enforced by one or more of the following means: -

(a) appointment of a receiver; or

(b) in a case in which Rule 6 applies, but subject to Rule 8-

(i) committal; and

(ii) sequestration.

(3) Sub-rules (1) and (2) do not affect any other means of enforcement of a judgement for the payment of money.

3. Possession of land. (42/4)

(1) A judgement for possession of land may be enforced by one or more of the following means: -

(a) writ of possession in Form 53; or

(b) in a case in which Rule 6 applies, but subject to Rule 8 -

(i) committal; and

(ii) sequestration.

(2) A writ of possession to enforce a judgement for possession of land shall not be issued without the leave of the Court.

(3) A person may move for leave for the purposes of this Rule without filing or serving notice of the motion.

(4) The Court may grant leave for the purposes of this Rule on terms.

(5) An applicant for leave for the issue of a writ of possession must show who was in occupation of each part of the land at the time of the commencement of the proceedings and who has been served with notice under Order 4 Rule 14.

(6) Where a person is, on the date of commencement of proceedings for possession of land, in occupation of the whole or any part of the land and he is not a party to the proceedings and notice under Order 4 Rule 14 is not served on him, the Court shall, when giving leave for the issue of a writ of possession, direct that the writ be restricted so as not to authorize disturbance of the occupation of that person.

(7) A writ of possession may include provision for enforcing the payment of money required to be paid by the judgement to be enforced by the writ.

4. Delivery of goods. (42/5)

(1) In this rule, writ of specific delivery means a writ of delivery without alternative provision for recovery of the assessed value of the goods.

(2) A judgement for the delivery of goods which does not give a person bound the alternative of paying the assessed value of the goods may be enforced by one or more of the following means: -

(a) writ of specific delivery in Form 54; or

(b) in a case in which Rule 5 applies, but subject to Rule 7 -

(i) committal; and

(ii) sequestration.

(3) A judgement for the delivery of goods or payment of their assessed value may be enforced by one or more of the following means:-

(a) writ of delivery in Form 55 to recover the goods or their assessed value; or

(b) with the leave of the Court-writ of specific delivery; or

(c) in a case in which Rule 5 applies, but subject to Rule 7-sequestration.

(4) A writ of specific delivery, and a writ of delivery to recover goods or their assessed value, may include provision for enforcing the payment of money required to be paid by the judgement to be enforced by the writ.

(5) A judgement for the payment of the assessed value of goods may be enforced by the same means as any other judgement or order for the payment of money (other than a judgement for the payment of money into Court).

5. Doing or abstaining from doing an act. (42/6)

(1) This Rule applies -

(a) where -

(i) a judgement requires a person to do an act within a time specified in the judgement; and

(ii) he refuses or neglects to do the act within that time or, if that time has been extended or abridged under Order 1 Rule 15, within that time as so extended or abridged; and

(b) where -

(i) a judgement requires a person to abstain from doing an act; and

(ii) he disobeys the judgement.

(2) In a case in which this Rule applies, a judgement may, subject to Rule 8, be enforced by one or more of the following means:-

(a) committal of the person bound; or

(b) sequestration of the property of the person bound; or

(c) where the person bound is a corporation -

(i) committal of any officer of the person bound; and

(ii) sequestration of the property of any officer of the person bound.

(3) Sub-rule (2) has effect subject to any Act limiting the right to attachment.

(4) Where there is a judgement for the delivery of goods or payment of their assessed value the judgement shall not be enforced by committal under Sub-rule (2) but-

(a) the Court may order the person bound to deliver the goods within a specified time; and

(b) an order under Paragraph (a) may be enforced by committal under Sub-rule (2).

6. Attendance. (42/7)

(1) Where the Court, by summons or otherwise, makes an order in any proceedings for the attendance of a person -

(a) for the purpose of giving evidence; or

(b) for the production of any document or thing; or

(c) to answer a charge of contempt; or

(d) for any other purpose;

and the person defaults in attendance in accordance with the order, the Court may, on application by a party or of its own motion-

(e) issue, or make an order for the issue of, a warrant to the Sheriff or such other person as the Court may appoint for the arrest of the person in default and for the production of the person in default before the Court or before an examiner or other person for the purpose of the proceedings and for his detention in custody in the meantime; and

(f) order the person in default to pay any costs occasioned by the default.

(2) Sub-rule (1) does not affect-

(a) the powers of the Court to punish for contempt; or

(b) the provisions of Order 14 Division 6 (contempt).

7. Service before committal or sequestration. (42/8)

(1) Subject to these Rules, a judgement shall not be enforced by committal or sequestration unless -

(a) a minute of the judgement is served personally on the person bound; and

(b) if the judgement requires the person bound to do an act within a specified time, the minute is so served before that time expires.

(2) Subject to these Rules, where the person bound by a judgement is a corporation, the judgement shall not be enforced by committal of an officer of the person bound or by sequestration of the property of an officer of the person bound unless, in addition to service under Sub-rule (1) on the person bound -

(a) a minute, in Form 56, of the judgement is served personally on the officer; and

(b) if the judgement requires the person bound to do an act within a specified time, the minute is so served before that time expires.

(3) A minute of a judgement served under this Rule must bear a notice (naming the persons concerned) that the person served is liable to imprisonment or to sequestration of property if -

(a) where the judgement requires the person bound to do an act within a specified time-the person bound refuses or neglects to do the act within that time; or

(b) where the judgement requires the person bound to abstain from doing an act-the person bound disobeys the judgement or order.

(4) Subject to these Rules, where

(a) a judgement requires the person bound to do an act; and

(b) an order is made -

(i) under Order 12 Rule 4(5) or (6) requiring the person bound to do the act within a specified time; or

(ii) under Rule 5(4)(a) requiring the person bound to deliver goods within a specified time; and

(c) a minute of the order mentioned in Rule 5(4)(a) is served on a person pursuant to this Rule,

a minute of the judgement mentioned in Paragraph (a) must be served on that person before the expiry of that time.

(5) Subject to these Rules, where -

(a) a judgement requires the person bound to do an act within a specified time; and

(b) an order is made under Order 1 Rule 15 extending or abridging that time; and

(c) a minute of the judgement mentioned in Sub-rule (4)(a) is served on a person pursuant to this Rule,

a minute of the order under Order 1 Rule 15 must be served on that person before the expiry of that time as so extended or abridged.

(6) Where a person liable to committal or sequestration of his property by way of enforcement of a judgement has notice of the judgement -

(a) by being present when the judgement is directed to be entered or when the order is made; or

(b) by being notified of the terms of the judgement whether by telephone, telegram or otherwise,

the judgement may be enforced by committal of that person or by sequestration of his property notwithstanding that service has not been effected in accordance with this Rule.

(7) The Court may dispense with service under this Rule.

8. Substituted performance. (49/9)

(1) Where a judgement requires the person bound to do an act and the person bound does not do the act, the Court may -

(a) direct that the act be done by a person appointed by the Court; and

(b) order the person bound to pay the costs incurred pursuant to the directions.

(2) Sub-rule (1) does not affect -

(a) any powers of the Court relating to the execution of instruments by order of the Court; or

(b) the powers of the Court to punish for contempt.

9. Enforcement by or against non-party. (42/10)

(1) Where, in any proceedings, a person who is not a party obtains an order, or an order is made in favour of a person who is not a party, he may enforce the order by the same means as if he were a party.

(2) Where, in any proceedings, obedience to a judgement may be enforced against a person who is not a party, the judgement may be enforced against him by the same means as if he were a party.

(3) Where, in any proceedings, obedience to a judgement may be enforced against a corporation which is not a party, an officer of the corporation shall be liable to the same process of enforcement as if the corporation were a party.

10. Non performance of condition. (42/11)

Where a person is entitled under a judgement subject to the fulfilment of a condition, and there is a failure to fulfil the condition, then, unless the Court otherwise orders -

(a) he shall lose the benefit of the judgement; and

(b) any other person interested may take any steps which -

(i) are warranted by the judgement; or

(ii) might have been taken if the judgement had not been entered or the order had not been made.

11. Matters occurring after judgement. (42/12)

(1) A person bound by a judgement may move the Court for a stay of execution of the judgement or for some other order, on the ground of matters occurring after the date on which the judgement takes effect and the Court may, on terms, make such order as the nature of the case requires.

(2) Sub-rule (1) does not affect the powers of the Court under Rule 21 (stay of execution).

12. Committal. (42/13)

A person shall not be committed except by or under an order of the Court.

Division 2.-Discovery in Aid of Enforcement.

13. Order for examination or production. (43/1)

(1) The Court may, on motion by a person entitled to enforce a judgement or order, order a person bound by the judgement or order in Form 57 to -

(a) attend before the Registrar and be orally examined on the material questions; and

(b) produce any document or thing in the possession, custody or power of the person bound relating to the material questions.

(2) For the purposes of Sub-rule (1), the material questions are -

(a) as to so much of a judgement or order as requires the person bound to pay money -

(i) whether any and, if so, what debts are owing to the person bound; and

(ii) whether the person bound has any and, if so, what other property or means of satisfying the judgement or order; and

(b) as to so much of the judgement or order as does not require the person bound to pay money, such questions concerning or in aid of the enforcement or satisfaction of the judgement or order as may be specified in the order for examination or production.

14. Corporation. (43/2)

Where the person bound is a corporation the Court may make orders as mentioned in Rule 13 for the examination of, or production by, an officer or former officer of the corporation.

15. Procedure. (43/3)

(1) A person may move for an order under Rule 13 or 14 without filing or serving notice of the motion.

(2) An order under Rule 13 or 14 must be served personally on the person ordered to attend or to produce any document or thing.

16. Conduct money. (43/4)

An order under Rule 13 or 14 shall not require a person to attend or to produce any document or thing on any day on which his attendance, or production by him, is required unless a sum sufficient to meet his reasonable expenses of complying with the order in relation to that day is paid or tendered to him at the time of service of the order or not later than a reasonable time before that day.

Division 3.-Writs of Execution-General.

17. Interpretation of Division 3. (44/1)

In this Division, unless the contrary intention appears -

judgement includes an order;

writ of execution means-

(a) a writ for levy of property, a writ of possession, a writ of delivery, a writ of sequestration; or

(b) a writ in aid of a writ mentioned in Paragraph (a).

18. Leave for issue: General. (44/2)

(1) Notwithstanding Division 1, a writ of execution to enforce a judgement shall not be issued without the leave of the Court where-

(a) 10 years or more have elapsed since the date of taking effect of the judgement; or

(b) any change has taken place, whether by assignment, death or otherwise, in the persons entitled or liable to execution under the judgement; or

(c) the judgement is against the assets of a deceased person coming to the hands of his executor or administrator after the date of taking effect of the judgement, and the writ is against assets of that description; or

(d) under the judgement a person is entitled subject to fulfilment of a condition; or

(e) the writ is against property in the hands of a receiver appointed by the Court or of a sequestrator; or

(f) the writ is in aid of another writ of execution.

(2) Sub-rule (1) does not affect any provision for the time being made by or under an Act which requires leave for the issue of a writ of execution.

(3) A person may, unless the Court otherwise orders, move for leave for the purposes of this Rule without filing or serving notice of the motion.

(4) The motion must be supported by evidence showing -

(a) where the judgement is for the payment of money-the amount due on the date of the motion; and

(b) where Sub-rule (1)(a) applies-the reasons for the delay; and

(c) where Sub-rule (1)(b) applies-the change which has taken place; and

(d) where Sub-rule (1)(c) or (d) applies-that a demand to satisfy the judgement has been made on the person liable to satisfy it and that he has not satisfied it; and

(e) that the applicant is entitled to proceed to execution on the judgement; and

(f) that the person against whom execution is sought to be issued is liable to execution on the judgement.

19. Leave for issue; Sequestration. (44/3)

(1) Notwithstanding Division 1, a writ of sequestration shall not be issued without the leave of the Court.

(2) An applicant for leave for the purposes of this Rule must-

(a) file notice of the motion; and

(b) serve the notice and any affidavit in support of the motion personally on the person whose property is sought to be sequestrated.

(3) The Court may dispense with service under Sub-rule (2)(b).

20. Terms of leave. (44/4)

The Court may, on terms, grant leave for the purposes of Rule 18 or 19.

21. Stay of execution. (44/5)

The Court may, on terms, stay execution of a judgement or order.

22. Separate execution for costs. (44/6)

Where-

(a) there is a judgement for the payment of money and for the payment of costs (whether the judgement is for any other matter or not); and

(b) when the money (other than costs) becomes payable under the judgement- the costs have not become payable (because the costs have not been taxed or for any other reason),

a person entitled to enforce the judgement may-

(c) have execution to enforce payment of the money (other than costs); and

(d) when the costs become payable-have execution separately to enforce payment of the costs.

23. Issue. (44/7)

(1) A person requiring the issue of a writ of execution shall-

(a) produce to the Registrar a form of the writ; and

(b) file a copy of the writ; and

(c) where the writ is to enforce a judgement for the payment of money-file an affidavit, sworn not more than 14 days before the requirement, containing and verifying a statement of-

(i) the date of taking effect of the judgement; and

(ii) the amount of money originally payable under the judgement; and

(iii) the date and amount of each payment made on account of the judgement; and

(iv) the interest (if any) due on the date of swearing of the affidavit; and

(v) such other particulars as are necessary to calculate the amount payable under the judgement on the date of swearing of the affidavit; and

(vi) the amount payable under the judgement on the date of swearing of the affidavit; and

(vii) the daily amount of interest (if any) which (subject to any future payment on account of the judgement) will accrue after the date of swearing of the affidavit.

(2) A writ of execution shall be issued under seal and shall bear the date of its issue.

(3) The person to whom a writ is directed shall, on executing a writ of execution, serve a copy of the affidavit on the debtor or leave it at the place where the writ is executed.

(4) In every case of execution the party entitled to execution may levy poundage, fees and expenses of execution, over and above the sum recovered.

(5) In every case of execution against any freehold land or chattel real, or against any land, lease, mortgage or charge, the party entitled to execution may, over and above the sum recovered and in addition to the poundage fees and expenses referred to in Sub-rule (4), levy the fees and expenses properly paid on registering the judgement, or lodging the writ for levy of property against the freehold land or chattel real, or against the land, lease, mortgage or charge sought to be affected by the execution.

24. Duration. (44/8)

(1) For the purpose of execution, a writ of execution is valid in the first instance for 12 months beginning with the date of its issue.

(2) The Court may, on motion made while a writ of execution is valid for the purpose of execution, from time to time extend the validity of the writ for the purpose of execution for a period of not more than 12 months beginning with the date on which the order is made.

(3) A person may move for an order under Sub-rule (2) without the prior filing or service of notice of the motion.

(4) An order under Sub-rule (2) must be entered and a minute of it must be delivered to the Sheriff.

(5) Where the validity of a writ for the purpose of execution has been extended under this Rule, the priority of the writ shall be determined by reference to the date on which it was originally delivered to the Sheriff.

25. Return. (44/9)

A person at whose request a writ of execution is issued may deliver a notice to the Sheriff requiring him, within the time specified in the notice, to make on the writ a statement of the manner in which he has executed the writ and to send to that person a copy of the statement.

26. Costs of prior execution. (44/10)

The amount for which a writ of execution may be issued shall, unless the Court otherwise orders, include the costs of any prior writ of execution on the same judgement, whether the prior writ was or was not productive.

Division 4.-Levy of Property.

27. Interpretation of Division 4. (45/1)

In this Division, unless the contrary intention appears- sheriff includes any person to whom a writ is directed; writ means a writ for levy of property.

28. Name. (45/2)

The writ formerly called a writ of fieri facias shall be called a writ for levy of property and shall be in Form 58.

29. Two or more writs. (45/3)

(1) Not more than one writ shall be issued on a judgement, unless the Court otherwise orders.

(2) Sub-rule (1) has effect subject to Rule 22 (separate execution for costs).

30. Order of realization. (45/4)

(1) Where it appears to the sheriff that the property subject to levy under a writ is more than sufficient to satisfy the money to be levied, he shall first take or realize so much of the property as appears to him to be sufficient.

(2) In taking or realizing property under Sub-rule (1), the sheriff shall take or realize the property -

(a) in such order as seems to him best for the speedy execution of the writ without undue expense; and

(b) subject to Paragraph (a)-in such order as the debtor may direct; and

(c) subject to Paragraphs (a) and (b)-such order as seems to the sheriff best for minimizing hardship to the debtor and other persons.

(3) This Rule does not affect any liability of the sheriff to the execution creditor.

31. Time of sale. (45/5)

(1) Subject to Rule 30, the sheriff shall put up for sale all property liable to sale under the writ as early as may be with due regard to the interests of the parties and to the avoidance of sacrifice of the reasonable value of the property.

(2) All property real and personal taken in execution shall be offered for sale by the sheriff by public auction.

32. Place of sale. (45/6)

The sheriff shall put up for sale property liable to sale under a writ at the place which seems to him best for a beneficial realization of the property.

33. Advertisement of sale. (45/7)

(1) The sheriff shall, before putting property up for sale under a writ, give notice of the time and place of sale and of particulars of the property in the manner which seems to him best to give due publicity to the sale.

(2) Unless the Court, on application by the judgement creditor, otherwise directs, a copy of the notice referred to in Sub-rule (1) shall be served personally on the judgement debtor in the same manner as a writ of summons is required to be served.

34. Account. (45/8)

The sheriff shall give to any party interested an account of all proceeds of sale and other money received by him under a writ and of his charges and the manner of disposal of the money.

Division 5.-Sheriff's Interpleader.

Subdivision A.-Preliminary.

35. Interpretation of Division 5. (56/1)

In this Division, unless the contrary intention appears

claimant means a person making a claim to property in dispute; execution creditor means a person on whose behalf process is issued;

process means process for execution issued by or under the authority of the Court;

property in dispute means any debt or property which is the subject of proceedings under this Division;

sheriff includes any officer charged with the execution of process.

Subdivision B.-Sheriff's Interpleader.

36. Notice of claim. (56/5)

(1) Where the sheriff takes or intends to take any personal property in execution under process, a person making a claim to or in respect of the property or the proceeds or value of the property may give notice in Form 59 of his claim to the sheriff.

(2) A notice of claim given under this Rule shall-

(a) specify the claim; and

(b) state the name and place of abode of the claimant; and

(c) state an address for service; and

(d) be accompanied by a copy of the notice.

(3) Where a person who is entitled to give notice under this Rule does not, within a reasonable time after having knowledge of the facts, give notice under this Rule, the Court may, on application by the sheriff, restrain the commencement or stay or restrain the continuance by that person of proceedings in any court against the sheriff for or in respect of anything done by the sheriff in execution of the process after the time when that person might reasonably have given notice under this Rule.

(4) Subject to Sub-rule (5), the sheriff may apply for an order under Sub-rule (3) by motion in the proceedings in which the process is issued and, if he so applies, he shall serve notice of the motion personally on the person against whom the order is sought.

(5) If the proceedings to which Sub-rule (3) applies are brought in the Court against the sheriff, an application by him for an order under that Sub-rule restraining the continuance of those proceedings shall be made by motion in those proceedings.

37. Notice to execution creditor. (56/6)

(1) The sheriff shall, on being given notice of claim under Rule 36, serve the notice on the execution creditor.

(2) The execution creditor may serve on the sheriff notice that he admits the claim.

38. Admission of claim. (56/7)

(1) Where an execution creditor admits a claim by notice under Rule 37-

(a) he shall not be liable to the sheriff for any fees or expenses incurred by the sheriff under the process after the notice under that Rule is given; and

(b) the sheriff shall withdraw from possession of the property claimed; and

(c) the Court may, on application by the sheriff, restrain the commencement or stay or restrain the continuance by the person whose claim is admitted of proceedings in any Court against the sheriff for or in respect of anything done by the sheriff in execution of the process.

(2) If proceedings to which Sub-rule (1)(c) applies are brought in the Court against the sheriff, an application by him for an order under that Sub-rule restraining the continuance of those proceedings shall be made by motion in those proceedings.

(3) Subject to Sub-rule (2), the sheriff may apply for an order under Sub-rule (1)(c) by motion in the proceedings in which the process is issued.

39. Interpleader motion. (56/8)

(1) Where a sheriff has, under Rule 37, served a notice of claim on the execution creditor and the execution creditor does not, within four days after service of the notice under that Rule, serve on the sheriff notice that he admits the claim, and the claim has not been withdrawn, the Court may, on application by the sheriff, grant relief by way of interpleader.

(2) An application of the sheriff under this Rule shall be by motion in the proceedings in which the process is issued.

(3) The sheriff moving pursuant to this Rule shall serve notice of the motion on each party to the proceedings who claims any interest in the property in dispute and on each claimant.

40. Order to apply.

(1) Order 14 Division 7 shall apply, with the necessary modifications, to an interpleader under this Division as it applies to a stakeholder's interpleader.

(2) Where a sheriff applies for relief by way of interpleader, the Court may require the sheriff to satisfy the Court on the matters mentioned in Order 14 Rule 57(1) and the Court may, if not satisfied on those matters, dismiss the application.

Division 6.-Sheriff's Rules.

41. Interpretation of Division 6. (62/1)

In this Division, unless the contrary intention appears

bill means bill of fees of the Sheriff;

fees includes charges and poundage;

person interested in relation to the fees of the Sheriff in respect of the service or execution of any process, means-

(a) a party who lodges the process with the Sheriff for service or execution; or

(b) a solicitor who gives an undertaking to pay the fees or is otherwise liable to pay the fees; or

(c) in the case of a writ of execution authorizing the Sheriff to levy the fees on any property, the person on whose property the levy is authorized;

process includes a writ.

42. Notice to Sheriff not to pay creditor.

When the Sheriff, by virtue of any writ directed to him, receives any moneys, and has been served with notice by any person claiming to be interested in those moneys not to pay over the same, the Sheriff may retain those moneys in his hands, to abide the order of the Court, and, if no application is made by the party giving the notice to the Court, within four days after the date of that notice, the Sheriff may pay over those moneys in pursuance of the writ, without regard to the notice.

43. Suspension of execution. (62/3)

(1) The Sheriff shall not suspend the execution of any process, except on an absolute instruction in writing to that effect lodged with him by the party by whom the process is lodged.

(2) A party who has lodged an instruction to suspend the execution of any process may withdraw the instruction by lodging with the Sheriff an instruction to execute the process.

44. Detention at nearest corrective institution.

When any person is arrested by the Sheriff on any civil process of the Court, the person shall be lodged in the corrective institution nearest to the place of his arrest, and be there detained until the Court orders his discharge.

45. Rate of poundage.

In the execution of process, poundage shall be chargeable under a writ for levy of property or a writ of venditioni exponas on the money obtained by the seizure at the rate of 5% up to K200.00, and at the rate of 2½ % for the excess when the money so obtained exceeds K200.00 and under a writ of possession at the rate of 5% on the annual value of the property delivered up to K200.00 and at the rate of 2½ % for the excess when the annual value exceeds K200.00.

46. Levy of poundage.

(1) The Sheriff shall, as far as practicable, levy the poundage and other fees and the expenses of the execution in addition to the amount directed to be recovered.

(2) In cases where there is an agreement between the parties as to the rate of interest that shall be secured by the judgement or order, the Sheriff shall levy interest at the rate so agreed.

47. Security. (62/5)

(1) Where a party to any proceedings lodges any process with the Sheriff for service or execution, the Sheriff may, on lodgement and from time to time after lodgement-

(a) require the party to deposit with him money in an amount fixed by him to be applied in or towards satisfaction of his fees; or

(b) as to the whole or any part of the fees, take an undertaking by the party's solicitor to pay them instead of requiring a deposit.

(2) Where a party required to make a deposit under Sub-rule (1) objects to the amount fixed by the Sheriff, the Court, on motion by the party may, by order, fix the amount to be deposited.

(3) The Sheriff may defer service or execution of any process until a deposit is made or an undertaking is given in accordance with this Rule.

(4) Where it appears that the amount deposited under this Rule exceeds the fees of the Sheriff, the Sheriff shall repay the excess to the party depositing the money or to his solicitor.

48. Liability of solicitor. (62/6)

Where a party, by his solicitor, lodges with the Sheriff any process for service or execution, the solicitor shall be liable for the fees of the Sheriff, whether or not the solicitor has given an undertaking under Rule 47(1)(b).

49. Bill. (62/7)

(1) The Sheriff shall, on the request of a person interested, furnish him with a bill.

(2) The Sheriff may serve a bill on any person interested.

50. Taxation. (62/8)

(1) Subject to Sub-rule (2), the Court may, on motion by a person interested, order that fees be taxed.

(2) Where a bill has been served on or furnished to a person interested, he may not apply for an order for taxation of the fees, except on notice of motion filed within seven days after the date of service or furnishing of the bill.

(3) Where the Court orders that fees be taxed, an application to proceed with the taxation shall be made by the Sheriff to a taxing officer by motion in the proceedings.

(4) Order 22 Division 3 and Order 22 Rules 51, 52, 53, 57 and 59 apply to a taxation under this Rule as they apply to a taxation of costs and as if the Sheriff were a party.

51. Determination. (62/9)

(1) Where a bill is served on or furnished to a person interested by the Sheriff, the amount of fees shown in the bill shall, unless the Court otherwise orders, be binding as between the Sheriff and the person interested unless the person interested obtains an order for taxation under Rule 50.

(2) Where the fees are taxed pursuant to an application by a person interested under Rule 50, the amount fixed on taxation shall, subject to any alteration on reconsideration, review or appeal, be binding as between the Sheriff and the person interested.

52. Default by solicitor. (62/10)

Where, in any proceedings, a solicitor has given an undertaking to pay, or is otherwise liable to pay, any fees of the Sheriff, and the solicitor does not pay the fees within seven days after the amount has become binding under Rule 51 as between the solicitor and the Sheriff, the Court may, on motion in the proceedings by the Sheriff, order the solicitor to pay the fees to the Sheriff.

Division 7.-Garnishee Proceedings.

53. Interpretation of Division 7. (46/1)

In this Division, unless the contrary intention appears -

garnishee means a person from whom a judgement creditor claims that a debt is due or accruing to the judgement debtor;

judgement creditor means a person entitled to enforce a judgement or order for the payment of money (not into Court);

judgement debtor means a person required by a judgement or order to pay money (not into Court).

54. Bank account. (46/2)

(1) A sum standing to the credit of a judgement debtor in an account in a bank shall, for the purpose of this Order, be a sum due or accruing to the judgement debtor, notwithstanding that any condition relating to demand of payment is unsatisfied.

(2) A sum standing to the credit of a judgement debtor in a deposit account in a bank shall, for the purposes of this Order, be a sum due or accruing to the judgement debtor, notwithstanding that any of the following conditions applicable to the account has not been satisfied:-

(a) a condition that notice is required before money is withdrawn; or

(b) a condition that a personal application must be made before money is withdrawn; or

(c) a condition that a deposit book must be produced before money is withdrawn; or

(d) a condition that a receipt for money deposited in the account must be produced before money is withdrawn.

55. Salary or wages not yet payable.

Salary or wages not yet payable to a judgement debtor shall, for the purposes of this Order. be deemed to be a debt accruing to the judgement debtor from the garnishee.

56. Garnishee notice. (46/3)

(1) A judgement creditor may, with the leave of the Court, but subject to any Act, file and serve on the garnishee a garnishee notice in Form 60-

(a) of attachment, to the extent of an amount specified in the notice, of debts due or accruing to the judgement debtor from the garnishee; and

(b) of motion for payment under this Division.

(2) A judgement creditor may move for leave under Sub-rule (1) without filing or serving notice of the motion.

(3) The Court shall not give leave under Sub-rule (1) unless it appears to the Court that-

(a) the judgement or order is unsatisfied; and

(b) there is a debt due or accruing to the judgement debtor from the garnishee.

(4) The Court shall, in giving leave under Sub-rule (1), fix the amount for specification in the garnishee notice under Sub-rule (1)(a).

(5) Subject to Sub-rule (6) the amount to be fixed by the Court for specification in the garnishee notice shall be the sum of-

(a) the amount due under the judgement or order on the date on which leave is given; and

(b) such amount as the Court may determine having regard to-

(i) interest on the judgement debt accruing after the date on which leave is given; and

(ii) costs of the garnishee proceedings.

(6) The amount to be fixed by the Court from salary or wages payable to the judgement debtor shall not exceed two-thirds of the sum payable each normal pay-day until the extent of the attachment is satisfied but the judgement debtor may apply to the Court at any time for a variation of the sum fixed, with notice to the judgement creditor.

(7) A garnishee notice shall include such particulars of the debt attached as are known to, or reasonably capable of ascertainment by the judgement creditor and as are necessary to enable the garnishee to identify the debt, including, where the garnishee is a banker or other person carrying on business at more than one place, the place of keeping of the account on which the debt is due or accruing, so far as that place is known to, or reasonably capable of ascertainment by, the judgement creditor.

57. Service of garnishee notice. (46/4)

(1) Subject to Sub-rule (2), the judgement creditor shall, not less than three days before the date fixed by the garnishee notice for the motion for payment under this Division, serve the garnishee notice and each affidavit used on the motion for leave under Rule 56 on the garnishee personally and on the judgement debtor.

(2) Service on a garnishee under Sub-rule (1) may not be effected outside Papua New Guinea.

58. Attachment of debts. (46/5)

(1) On service of a garnishee notice on a garnishee, all debts mentioned in the garnishee notice and due or accruing to the judgement debtor from the garnishee shall, subject to Sub-rule (2), be attached and bound in the hands of the garnishee to the extent of the amount specified in the garnishee notice.

(2) Where, after service of a garnishee notice on the garnishee, the garnishee acts with reasonable diligence for the purpose of giving effect to the attachment, but nevertheless pays to the judgement debtor the whole or any part of the debt attached or otherwise deals with the debt attached so as to satisfy as between the garnishee and the judgement debtor, the whole or any part of the debt attached, the Court may order that, for the purpose of the garnishee proceedings, the debt attached be reduced to the extent of the payment or satisfaction.

59. Payment into Court. (46/6)

(1) A garnishee may pay into Court all debts attached under this Division to the extent of the attachment.

(2) If a garnishee pays money into Court under Sub-rule (1) before the day fixed by the garnishee notice for the motion for payment under this Division -

(a) he may retain out of the debts attached the sum of K10.00 for his costs and

(b) he shall not, unless he takes some further step in the proceedings, be liable for any costs of the garnishee proceedings.

(3) For the purposes of Sub-rule (2), a garnishee shall be taken to pay money into Court under Sub-rule (1) notwithstanding that the amount paid in is calculated on the footing that the amount of the debts attached is reduced by the sum referred to in Sub-rule (2)(a) for its costs.

60. Payment out of Court. (46/7)

Subject to Rules 62 and 63, where a garnishee pays money into Court, the Court shall, on motion pursuant to the garnishee notice, order payment out of Court to the judgement creditor of the money paid in or so much of that money as is required to satisfy the judgement or order out of which the garnishee proceedings arise, together with interest and such costs of the garnishee proceedings as may be payable to the judgement creditor out of the debt attached.

61. Payment to judgement creditor. (46/8)

Subject to Rules 62 and 63, the Court may, on motion pursuant to the garnishee notice, order the garnishee to pay to the judgement creditor the debt attached to the extent specified in the garnishee notice, or so much of the debt attached to the extent so specified as is required to satisfy the judgement or order on which the garnishee proceedings are taken together with interest and such costs of the garnishee proceedings as may be payable to the judgement creditor out of the debt attached.

62. Dispute of liability by garnishee. (46/9)

Where, on the hearing of a motion by the judgement creditor pursuant to the garnishee notice, the garnishee disputes liability to pay the debt attached, the Court may hear and determine the questions in dispute and direct the entry of such judgement, or make such order, as the nature of the case requires.

63. Claim by other person. (46/10)

Where it appears to the Court that any person other than the judgement debtor is, or claims to be, entitled to money paid into Court under Rule 59 or to the debt attached or to any charge or lien on, or other interest in that money or debt, the Court may make orders for giving to that person notice of the proceedings and may hear and determine his claim, and may direct the entry of such judgement, or make such order in respect of the claim, as the nature of the case requires.

64. Discharge of garnishee. (46/11)

(1) Where -

(a) a garnishee pays money into Court under this Division; or

(b) a garnishee pays money in compliance with an order made in the garnishee proceedings; or

(c) execution is levied against a garnishee in pursuance of an order made in the garnishee proceedings,

the payment or levy shall be a discharge of the liability of the garnishee to the judgement debtor to the extent of the amount paid or levied.

(2) Sub-rule (1) shall have effect notwithstanding that the garnishee proceedings are subsequently set aside or that the judgement or order from which the garnishee proceedings arise is subsequently reversed.

(3) Sub-rule (1) does not apply to a payment or levy on account of costs which the garnishee is ordered to pay.

65. Costs. (46/12)

(1) The costs of the judgement creditor of garnishee proceedings shall, unless the Court otherwise directs, be retained by the judgement creditor out of the money recovered by him in the garnishee proceedings, and in priority to the debt under the judgement or order from which the garnishee proceedings arise.

(2) Where the garnishee incurs trouble or expense in giving effect to the attachment of a debt under this Division, or in doing anything required of or permitted to the garnishee in the garnishee proceedings-

(a) the Court may order the judgement creditor to pay to the garnishee such sum as the Court thinks fit by way of recompense for the trouble or expense; and

(b) any sum paid by the judgement creditor under Paragraph (a) shall, unless the Court otherwise orders, be included in the costs of the judgement creditor of the garnishee proceedings.

(3) Sub-rule (2) does not limit the general powers of the Court in relation to costs.

Division 8.-Charging and Stop Orders.

66. Charge on partnership interest. (47/2)

(1) An application under Section 24 of the Partnership Act 1951 (procedure against partnership property for a partner's separate debt) shall be made-

(a) if the judgement is a judgement in proceedings in the Court-by motion on notice in the proceedings; or

(b) if the judgement is not a judgement in proceedings in the Court-by originating summons joining the judgement debtor and his partners as defendants.

(2) An application under Section 24 of the Partnership Act 1951 made by a partner of the judgement debtor in consequence of an application by the judgement creditor shall be made by motion on notice in the proceedings in which the judgement creditor applies.

(3) An originating summons or notice of motion filed under this Rule and an order made on an application under Section 24 of the Partnership Act 1951 shall be served on the following persons (other than the applicant):-

(a) the judgement creditor; and

(b) the judgement debtor; and

(c) such of the partners of the judgement debtor as are within Papua New Guinea.

(4) An originating summons, notice of motion or order served in accordance with this Rule shall have effect as if served on all the partners.

67. Stop orders. (47/3)

(1) Where there are funds in Court and -

(a) the interest of any person in the funds has been mortgaged, charged or assigned; or

(b) a person having an interest in the funds is a debtor under a judgement or order of the Court,

the Court may, on application by the mortgagee, chargee, assignee or creditor under the judgement or order, make an order prohibiting the transfer, sale, delivery out, payment or other dealing with the whole or any part of the funds or of the income of the funds, without notice to the applicant.

(2) An application under Sub-rule (1) shall be made -

(a) if there are any proceedings in the Court relating to the funds in Court-by motion on notice in the proceedings; or

(b) if there are no proceedings in the Court relating to the funds in Court-by originating summons joining as defendants all persons whose interests may be affected by the application.

(3) The notice of motion or originating summons -

(a) shall be served on each person whose interest may be affected by the application; but

(b) shall not be served on any other person.

(4) The Court may, on terms, dispense with the joinder of any person as defendant and dispense with service on any person.

(5) The Court may order the applicant for an order under Sub-rule (1) to pay the costs of any party to any proceedings in which the funds are in Court, or of any person interested in the funds.

(6) Sub-rule (5) does not affect the general powers of the Court as to costs.

(7) In this Rule, funds includes effects.

Division 9.-Enforcement of External Judgements.

68. Interpretation of Division 9.

(1) In this Division, the Act means the Reciprocal Enforcement of Judgements Act 1976.

(2) In this Division, all expressions have the same meaning as the like expressions in the Act.

(3) The Rules contained in this Division shall have effect with respect to foreign judgements which may be enforced under the provisions of the Act and subject to any such provisions contained in notices made by the Minister under Section 2 of the Act as are declared by the notices to be necessary for giving effect to agreements made between the State and foreign countries.

69. Commencement of proceedings. (59/2)

(1) Proceedings for registration of a judgement under Part II of the Act shall be commenced by originating summons joining the judgement creditor as plaintiff and the judgement debtor as defendant.

(2) The judgement creditor may, unless the Court otherwise orders, proceed without service of the summons on the judgement debtor.

70. Evidence. (59/3)

(1) The evidence in support of an application for registration of a judgement shall include-

(a) the judgement or a verified or certified or otherwise duly authenticated copy of the judgement; and

(b) where the judgement is not in English, a translation of the judgement in English, certified by a notary public or authenticated by evidence; and

(c) the name and trade or business, and the usual or last known place of abode or of business of the judgement creditor and of the judgement debtor, so far as known to the deponent or witness giving the evidence; and

(d) evidence to the best of the information or belief of the deponent or witness giving evidence-

(i) that the judgement creditor is entitled to enforce the judgement; and

(ii) of the amount in which the judgement is unsatisfied; and

(e) a statement of the amount in Papua New Guinea currency represented by the amount originally payable under the judgement and by the amount in which the judgement is unsatisfied, calculated at the rate of exchange on the date of the judgement.

71. Order for registration. (59/4)

(1) Where the Court orders that a judgement be registered, the Court shall fix a time within which the judgement debtor may file notice of a motion for an order setting aside the registration.

(2) The time fixed under Sub-rule (1) shall not, save in exceptional circumstances, be less than 14 days after service on the judgement debtor of notice of the registration.

(3) An order for registration of a judgement in Form 61 shall specify the amount (exclusive of costs of and incidental to the registration of the judgement) for which the judgement may be enforced.

72. Registration. (59/5)

(1) A register of external judgements shall be kept in the Registry.

(2) On entry of an order for registration of a judgement, the judgement shall be entered in the register.

73. Notice of registration. (59/6)

(1) Notice of registration of a judgement in Form 62 shall be served on the judgement debtor.

(2) Service of the notice shall be personal unless the Court otherwise orders.

(3) The notice of registration shall state-

(a) particulars of the judgement and of the order for registration; and

(b) the right of the judgement debtor to apply for an order setting aside the registration; and

(c) the time within which the judgement debtor may file notice of a motion for an order setting aside the registration.

(4) Where the summons has not been served on the judgement debtor, the notice of registration shall also state the address for service of the judgement creditor.

74. Setting aside registration. (59/7)

(1) The Court may, before the expiry of time fixed by an order for registration or by an order under this Sub-rule as the time within which the judgement debtor may file notice of a motion for an order setting aside the registration, extend the time so fixed.

(2) Subject to Sub-rule (3), the Court may, on motion by the judgement debtor, make an order, on terms, setting aside the registration.

(3) Notice of motion for the order must be filed within the time fixed under Rule 71(1) or under Sub-rule (1).

75. Enforcement. (59/8)

(1) Subject to this Rule, on registration of a judgement, the judgement may, to the extent of the amount for which the judgement may be enforced as specified in the order for registration and costs, be enforced as a judgement of the Court in the proceedings in which the judgement is registered, and in any of the manners in which a judgement for the payment of money (not for the payment of money into Court) may be enforced.

(2) The judgement creditor shall not take any step for enforcement of the judgement until an affidavit of service of the notice of registration is filed or the Court is otherwise satisfied that the requirements of these Rules as to service of the notice of registration have been fulfilled.

(3) During the period before the expiry of the time fixed under Rule 71(1) or 74(1), within which the judgement debtor may file notice of a motion for an order setting aside the registration -

(a) the judgement creditor shall not apply for the issue of a writ for levy of property or for a writ of sequestration; and

(b) the judgement creditor shall not move for payment pursuant to a garnishee notice under Division 7; and

(c) the judgement creditor shall not, except by leave of the Court, take any other step for enforcement of the judgement.

(4) Where the judgement debtor files, within the time fixed under Rule 71(1) or 74(1), notice of motion for an order setting aside the registration, the judgement creditor shall not, except by leave of the Court, take any step for enforcement of the judgement until after the disposal of the motion.

(5) Sub-rules (3) and (4) do not limit the operation of Sub-rules (1) and (2).