(c)
(d)
(e)
(3)
stating, where the case falls within rule 2 (1) (b) of this order, the change which has taken
place in the parties entitled or liable to execution since the date of the Judgment or order:
stating, where the case falls within rule 2(1) (c ) or (d) of this order, that a demand to satisfy the
Judgment or order was made on the person liable to satisfy it and that he has refused or failed to do
so.
giving such other information as is necessary to satisfy the court that the applicant is entitled
to proceed to execution on the Judgment or order in question and that the person against whom it is
sought to issue execution r. liable to execution on it.
The court hearing the application may grant leave in accordance with the application or
may order that any issue or question, a decision on which is necessary determine the rights of the
parties, be tried in any manner in which any question of fact or law arising in an action may be tried
and, in either case, may impose such terms as to costs or otherwise as it thinks just.
Application for leave to issue writ of sequestration.
5.
(1) notwithstanding anything in rules 2 and 4 of this order, an application for leave to issue a writ of
sequestration shall be made to a judge by motion.
(2)
Subject to sub-rule (3) of this rule, the notice of motion, stating the grounds of the application,
shall be served personally on the person against whose property it is sought to issue the writ.
(3)
The judge hearing an application for leave to issue a writ of sequestration may sit in private in any
case in which there is an application to the judge to sit in private, if the application were for an
order.
Issuance of writ of execution.
6.
(1) The issuance of a writ of execution takes place on its being sealed by an officer of the
appropriate office.
(2)
A praecipe for the issuance of a writ shall be filed before the writ is issued.
(3)
The praecipe shall be signed by or on behalf of the solicitor of the person entitled to execution or if
that person is acting in person, by the person.
(4)
(a)
(i)
(ii)
No such writ shall be sealed unless at the time of the tender thereof for sealing
The person tendering it producesThe Judgment or order on which the writ is to issue, or an office copy thereof, or
Where the writ may not issue without the leave of the court, the order granting the leave or
evidence of the granting of it, and
the officer authorized to seal it is satisfied that the period, if any, specified in the Judgment or order
for the payment of any money or the doing of any other act there under has expired.
(b)
(5)
Every writ of execution shall bear the date of the day on which it is issued.
(6)
(a)
In this rule "the appropriate office" meansWhere the cause or matter in which execution is to issue is proceeding in a Division Registry, that
Registry;