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Supreme Court Civil Procedure Act 1932 (No. 58 of 1932)
Requested:  23 Dec 2014
Consolidated as at:  21 Feb 2012

PART IX - Enforcement of Judgments and Execution

162. Interpretation

In this Part –

Government stock, Government funds, and Government annuities include any Government stock (including inscribed stock), funds, annuities, or other Government securities whatsoever;
public company means any company, whether such company is incorporated or was created or established in this State or elsewhere and includes a proprietory or a private company;
securities of a public authority includes any stock, funds, or other securities of a public authority.

163. Powers of Court as to enforcement of its judgments

The Court and every judge thereof shall have the same powers and authorities for the purpose of enforcing and giving effect to the judgments and orders of the Court or a judge as was possessed by the Court in any part of the jurisdiction of the Court which is subject to this Act immediately before the commencement of this Act, and also all such further powers and authorities as are conferred upon the Court or a judge by this Act or the Rules of Court.

164. Judgment for sum of money to have same effect as judgment at Common Law

      (1) All judgments and orders of the Court or any judge thereof, whether sitting in court or in chambers, whereby any sum of money, including any costs, charges, or expenses, shall be recovered by or shall be payable to any person shall have the same effect, and may be enforced by the same writs and process, as a judgment in an action at Common Law had, and could be enforced by, immediately before the commencement of this Act; and any person to whom any such sum of money, costs, charges, or expenses shall be payable shall be deemed to be a judgment creditor to all intents and for all purposes, and every person by whom such sum of money, costs, charges, or expenses shall be payable shall be deemed to be a judgment debtor.

      (2) Any such judgment or order may also be enforced by any other writs, process, or means provided by this Act or the Rules of Court for the enforcement of any such judgment or order.

      (3) Subject to the provisions of this Act and the Rules of Court, all judgments and orders of the Court or any judge thereof whether sitting in Court or in chambers –

(a) whereby any sum of money (including any sum of money payable as costs, charges, or expenses) is directed to be paid into Court or to any person within a limited time;

(b) whereby any act other than the payment of money is directed to be done or performed;

(c) whereby any person is expressly directed or impliedly required to abstain from doing any act;

(d) for the recovery of any land; or

(e) for the recovery of any property other than money or land –

may be enforced by the same writs and process as such a judgment of the Court could be enforced by, in any part of the jurisdiction of the Court which is subject to this Act, immediately before the commencement of this Act, and also by any other writs, process, or means provided by this Act or the Rules of Court for the enforcement of such judgments and orders respectively.

      (4) Any judgment or order of a judge whether sitting in court or in chambers may be enforced by the same writs, process, and means as it could be enforced by if it were a judgment of a Full Court.

      (5) Subject to the provisions of this Act and the Rules of Court, the Court or a judge may, in any case in which it is just or convenient so to do, grant such equitable relief in aid of or in substitution for execution on or under any judgment or order of the Court or a judge as the circumstances of the case may require.

165. Judgments to carry interest

Every such judgment and order as is mentioned in section 164(1) shall carry interest at the rate of 5 per centum per annum, or such other rate as may be prescribed by the Rules of Court, from the time of the trial or inquiry, or, if there has been no trial or inquiry, from the time of signing or entering up judgment; and the amount of such interest shall be stated in the body of, and may be levied under, a writ of execution on such judgment.

166. Charging order on Government stock or shares in companies belonging to judgment debtor

If any person against whom any such judgment or order as is mentioned in section 164(1) shall have been entered up in the Court, or made by the Court, or any judge thereof, shall have any Government stock, funds, or annuities, or securities of a public authority, or stock or shares of or in any public company in this State (whether incorporated or not), standing in his name, in his own right, or in the name of any person in trust for him, it shall be lawful for a judge, on the application of any judgment creditor, to order that such stocks, funds, annuities, securities, or shares, or such of them, or such part thereof respectively, as he shall think fit, shall stand charged with the payment of the amount for which judgment shall have been so recovered or the amount ordered to be paid and interest thereon; and such order shall entitle the judgment creditor to all such remedies as he would have been entitled to if such charge had been made in his favour by the judgment debtor: Provided that no proceedings shall be taken to have the benefit of such charge until the expiration of 6 months from the date of such order.

167. Charging order to be made ex parte in first instance, and on notice to bank or company to act as a distringas

In order to prevent any person against whom judgment shall have been obtained, or an order shall have been made, from transferring, receiving, or disposing of any stock, funds, annuities, securities, or shares hereby authorized to be charged for the benefit of the judgment creditor under the order of a judge, every order of a judge charging any Government stock, funds, or annuities, or any securities of a public authority, or any stock or shares in any public company, under this Act, shall be made in the first instance ex parte, without any notice to the judgment debtor, and shall be an order to show cause only; and such order (if any Government stock, funds, or annuities, or any securities of a public authority standing in the name of the judgment debtor in his own right, or in the name of any person in trust for him, is or are to be affected by such order) shall restrain the officer or person having the registry, control, or management of such stock, funds, annuities, or securities, or of the transfers thereof, from permitting a transfer of such stock, funds, annuities, or securities in the meantime and until such order shall be made absolute or discharged; and (if any stock or shares of or in any public company in this State standing in the name of the judgment debtor in his own right, or in the name of any person in trust for him, is or are to be affected by such order) shall in like manner restrain such public company from permitting a transfer thereof; and if after notice of such order to the person or persons to be restrained thereby, or, in case of any corporation, to any authorized agent of such corporation, and before the same shall be discharged or made absolute, such corporation or person or persons shall permit any such transfer to be made, then and in such case the corporation or person or persons so permitting such transfer shall be liable to the judgment creditor for the value or amount of the property so charged and so transferred, or such part thereof as may be sufficient to satisfy his judgment or the sum ordered to be paid to him; and no disposition of the judgment debtor in the meantime shall be valid or effectual as against the judgment creditor; and further, unless the judgment debtor shall, within a time to be mentioned in such order, show to a judge sufficient cause to the contrary, the said order shall, after proof of notice thereof to the judgment debtor, his attorney, or agent, be made absolute: Provided that any such judge shall, upon the application of the judgment debtor or any person interested, have full power to discharge or vary such order.

168. Provisions of sections 166 and 167 to extend to contingent interest in stock and shares and the dividends thereof, and to stock, &c., in Court

The provisions contained in sections 166 and 167 shall be deemed and taken to extend to the interest of any judgment debtor, whether in possession, remainder, or reversion, and whether vested or contingent as well in any such stock, funds, annuities, securities, or shares as aforesaid, as also in the dividends, interest, or annual produce of any such stock, funds, annuities, securities, or shares; and whenever any such judgment debtor shall have any estate, right, title, or interest vested or contingent in possession, remainder, or reversion in, to, or out of any such stock, funds, annuities, securities, or shares as aforesaid which now are, or shall hereafter be, standing in the name of any officer of the Court, or in, to, or out of the dividends, interest, or annual produce thereof, it shall be lawful for a judge to make any order as to such stock, funds, annuities, securities, or shares, or the interest dividends, or annual produce thereof, in the same way as if the same had been standing in the name of a trustee of such judgment debtor: Provided always that no order of any judge as to any stock, funds, annuities, securities, or shares standing in the name of any such officer as aforesaid, or as to the interest, dividends, or annual produce thereof, shall prevent any banker or public company from permitting any transfer of such stock, funds, annuities, securities, or shares, or payment of the interest, dividends, or annual produce thereof, in such manner as the Court or a judge may direct, or shall have any greater effect than if such debtor had charged such stock, funds, annuities, securities, or shares, or the interest, dividends, or annual produce thereof, in favour of the judgment creditor with the amount of the sum to be mentioned in any such order.

169. Execution of instruments by order of Court

Where any person refuses or neglects to comply with any judgment or order of the Court or a judge directing him to execute any conveyance, lease, memorandum of transfer, memorandum of lease, contract, or other assurance, document, or instrument whatsoever or to endorse any negotiable instrument, the Court or any judge thereof may, on such terms and conditions, if any, as may be just, order that such conveyance, lease, memorandum of transfer, memorandum of lease, contract or other assurance, document, or instrument, or negotiable instrument, shall be executed or endorsed by such person as the Court or judge may nominate for that purpose; and in such case the conveyance, lease, memorandum of transfer, memorandum of lease, contract, or other assurance, document, or instrument, or negotiable instrument so executed or endorsed by such person shall operate, and be for all purposes available, as if it had been executed or endorsed by the person originally directed to execute or endorse it.



CURRENT VIEW: 11 Dec 2009 - 1 Oct 2012
VIEW THE SESSIONAL VERSION