6. (1) The expenses incurred for the subsistence in prison of the person so arrested shall be paid by the plaintiff
in the action in advance, and the amount so disbursed may be recovered by the plaintiff in the suit, unless the
Court otherwise orders.
(2) The Court may release the person so imprisoned on failure by the plaintiff to pay the subsistence money, or
in case of serious illness, order his removal to hospital.
(3) The application may be made, where the defendant resides in the Federal Capital Territory, Abuja, to the
High Court of the Federal Capital Territory, Abuja and the Court may issue the warrant for detaining and
bringing the defendant before the Court where the suit is pending, or may make such further order as shall seem
just.
Order 16
Interim Attachment of Property
1. Where(a) the defendant in any suit with intent to obstruct or delay the execution of any decree that may be passed
against him, is about to dispose of his property, or any part thereof, or to remove any such property from the
jurisdiction; or
(b) in any suit founded on contract or for detinue or trover in which the cause of action arose within the
jurisdiction(i) the defendant is absent from the jurisdiction, or there is probable cause to believe that he is concealing
himself to evade service, and
(ii) the defendant is beneficially entitled to any property in the State in the custody or under the control of any
other
person
in
the
State,
or
such
person
is
indebted
to
the
defendant,
then, in either such case, the plaintiff may apply to the Court either at the time of the institution of the suit or at
any time thereafter until final judgment, to call upon the defendant to furnish sufficient security to fulfill any
decree that may be made against him in the suit and on his failing to give such security, or pending the giving of
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 it and the plaintiff shall at the time of making the
application, declare that to the test of his information and belief, the defendant is about to dispose of or remove
his property with such intent as aforesaid.
3. (1) If the Court after making such investigation as it may consider necessary, is satisfied that the defendant is
about to dispose of or remove his property with intent to obstruct or delay the execution of the decree, it shall be
lawful for the Court to order 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 it, or such portion thereof as may be sufficient to fulfill the decree, or to appear and
show cause why he should not furnish security.
(2) Pending the defendant's compliance with the order, the Court may, by warrant direct the attachment until
further order of the whole, or any portion, of the property specified in the application.
4. (1) If the defendant fails to show such cause, or to furnish the required security within the time fixed by the
Court, the Court may direct that the property specified in the application if not already attached, or such portion
thereof as shall be sufficient to fulfill the decree, shall be attached until further order.
(2) If the defendant shows such cause, or furnishes the required security, and the property specified in the
application or any portion of it, has been attached, the Court shall order the attachment to be withdrawn.
5. The attachment shall not affect the rights of persons who are not parties to the suit and in the event of any
claim being preferred to the property attached before judgment, the claim shall be investigated in the manner