GENERAL
Definition.
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
2.
(a)
(b)
(c)
(d)
(e)
(1) a writ of execution to enforce a Judgment or order may not issue without the leave of the Court
in following cases, that is to say wheresix years or more have elapsed since the date of the Judgment order, or
any change has taken place, whether by death or otherwise. in the parties entitled or liable to
execution under the Judgment order, or
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 the assets, or
under the Judgment or order any person is entitled to relief subject to the fulfillment of any
condition which it is alleged has been fulfilled, or
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)
Sub-rule (1) of this rule is without prejudice to any enactment or rule by virtue of which a
person is required to obtain the leave of the Court for the issuance 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 issuance 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 issuance of writ in aid of other writ
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
4.
(1) an application for leave to issue a writ of execution may be made ex pane unless the Court
directs it to be made by summons.
(2)
(a)
Such an application shall be supported by an affidavitidentifying the judgment or order to which the application relates and, if the Judgment or order is
for the payment of money, stating the amount originally due there under and the amount
due there under at the date of the application;
stating, where the case falls within rule 2 (1) (a) of this order, the reasons for the delay in
enforcing the Judgment or order;
(b)