75. Distress Act 1951 (Act 255).
ORDER 75
DISTRESS ORDINANCE 1951*
1. Application and interpretation. (O. 75 r. 1)
(1) These rules apply to proceedings under the Distress Ordinance 1951 subject to the following rules of this Order.
(2) In this Order–
"Ordinance" means the Distress Ordinance 1951);
"landlord" and "tenant" have the respective meanings assigned to them by section 2 of the Ordinance.
2. Application for writ of distress. (O. 75 r. 2)
(1) Every application for a writ of distress must be made ex parte by originating summons supported by affidavit in Form 185.
(2) Where the application is made by a duly authorized agent of the landlord, he must produce his written authority in Form 186.
3. Writ of distress. (O. 75 r. 3)
A writ of distress must be in Form 187.
4. Notice of seizure. (O. 75 r. 4)
A notice of seizure under section 9 of the Ordinance must be in Form 94.
5. Applications under section 10 or 16. (O. 75 r. 5)
(1) An application under section 10 or 16 of the Ordinance for the discharge or suspension of the writ or for the release of any part of the property distrained shall be made by summons within 7 days of the seizure supported by affidavit stating the grounds on which the application is made.
(2) A copy of the application and the affidavit must be served on the landlord or his agent, as the case may be, before the hearing thereof.
6. Sale by public auction. (O. 75 r. 6)
Order 46, rules 23 and 24 shall apply to all sales under the Ordinance.
7. Return of property unsold. (O. 75 r. 7)
(1) As soon as the amount recoverable under the writ of distress has been realised by the sale of any of the movable property seized, the balance of the property seized must be released and, if it had been removed, returned to the premises at which the seizure was made.
(2) The amount recoverable under the writ shall for the purposes of this rule be deemed to include the rent in respect of which the writ was issued, the expenses of the sale and of execution of the writ, the Court fees and all costs due to the landlord.
8. Procedure in cases under section 20. (O. 75 r. 8)
(1) In such cases as are provided for in section 20 of the Ordinance, the sheriff must, unless he is already in possession under a writ of execution, deliver a copy of the writ of distress to the officer in possession under the writ of execution, and inform him by notice of the amount due to the landlord for the last six months’ rent, or any less period for which rent is due, and the amount of all fees and costs due in respect of the issue and execution of the writ of distress.
(2) An application under section 20(3) of the Ordinance to discharge or suspend the writ of distress shall be made within the time and in the manner prescribed by rule 5.
9. Officer in possession to notify Sheriff of intended release. (O. 75 r. 9)
Where the property seized under a writ of execution is to be released, the officer in possession under such writ must, before giving up possession, notify the sheriff his intention so to do.
10. Application under section 21. (O. 75 r. 10)
(1) An application by the sheriff under section 21(1) of the Ordinance must be supported by affidavit of a person having knowledge of the facts stating the circumstances of the alleged removal.
(2) An authority to the sheriff under this section must be in Form 188.
11. Application under section 22(2). (O. 75 r. 11)
An application under section 22(2) of the Ordinance must be supported by affidavit, and notice of the application must be served on the landlord or his agent, as the case may be, at his address for service at least 2 clear days before the hearing thereof.
12. Address for service. (O. 75 r. 12)
Any person making any application to a Court under this Ordinance must give an address for service.
13. Suspension of execution of writ. (O. 75 r. 13)
Whenever the execution of a writ of distress is ordered to be suspended, unless the Court otherwise orders, any property already seized thereunder shall remain under seizure and in the possession of the Sheriff or other officer in possession; but the sale thereof under the writ of distress shall be postponed till the expiration of the period for which the execution of the writ is suspended.
14. Costs. (O. 75 r. 14)
The costs of all proceedings taken under the Ordinance shall be in the discretion of the Court.
ORDER 75
DISTRESS ORDINANCE 1951*
1. Application and interpretation. (O. 75 r. 1)
(1) These rules apply to proceedings under the Distress Ordinance 1951 subject to the following rules of this Order.
(2) In this Order–
"Ordinance" means the Distress Ordinance 1951);
"landlord" and "tenant" have the respective meanings assigned to them by section 2 of the Ordinance.
2. Application for writ of distress. (O. 75 r. 2)
(1) Every application for a writ of distress must be made ex parte by originating summons supported by affidavit in Form 185.
(2) Where the application is made by a duly authorized agent of the landlord, he must produce his written authority in Form 186.
3. Writ of distress. (O. 75 r. 3)
A writ of distress must be in Form 187.
4. Notice of seizure. (O. 75 r. 4)
A notice of seizure under section 9 of the Ordinance must be in Form 94.
5. Applications under section 10 or 16. (O. 75 r. 5)
(1) An application under section 10 or 16 of the Ordinance for the discharge or suspension of the writ or for the release of any part of the property distrained shall be made by summons within 7 days of the seizure supported by affidavit stating the grounds on which the application is made.
(2) A copy of the application and the affidavit must be served on the landlord or his agent, as the case may be, before the hearing thereof.
6. Sale by public auction. (O. 75 r. 6)
Order 46, rules 23 and 24 shall apply to all sales under the Ordinance.
7. Return of property unsold. (O. 75 r. 7)
(1) As soon as the amount recoverable under the writ of distress has been realised by the sale of any of the movable property seized, the balance of the property seized must be released and, if it had been removed, returned to the premises at which the seizure was made.
(2) The amount recoverable under the writ shall for the purposes of this rule be deemed to include the rent in respect of which the writ was issued, the expenses of the sale and of execution of the writ, the Court fees and all costs due to the landlord.
8. Procedure in cases under section 20. (O. 75 r. 8)
(1) In such cases as are provided for in section 20 of the Ordinance, the sheriff must, unless he is already in possession under a writ of execution, deliver a copy of the writ of distress to the officer in possession under the writ of execution, and inform him by notice of the amount due to the landlord for the last six months’ rent, or any less period for which rent is due, and the amount of all fees and costs due in respect of the issue and execution of the writ of distress.
(2) An application under section 20(3) of the Ordinance to discharge or suspend the writ of distress shall be made within the time and in the manner prescribed by rule 5.
9. Officer in possession to notify Sheriff of intended release. (O. 75 r. 9)
Where the property seized under a writ of execution is to be released, the officer in possession under such writ must, before giving up possession, notify the sheriff his intention so to do.
10. Application under section 21. (O. 75 r. 10)
(1) An application by the sheriff under section 21(1) of the Ordinance must be supported by affidavit of a person having knowledge of the facts stating the circumstances of the alleged removal.
(2) An authority to the sheriff under this section must be in Form 188.
11. Application under section 22(2). (O. 75 r. 11)
An application under section 22(2) of the Ordinance must be supported by affidavit, and notice of the application must be served on the landlord or his agent, as the case may be, at his address for service at least 2 clear days before the hearing thereof.
12. Address for service. (O. 75 r. 12)
Any person making any application to a Court under this Ordinance must give an address for service.
13. Suspension of execution of writ. (O. 75 r. 13)
Whenever the execution of a writ of distress is ordered to be suspended, unless the Court otherwise orders, any property already seized thereunder shall remain under seizure and in the possession of the Sheriff or other officer in possession; but the sale thereof under the writ of distress shall be postponed till the expiration of the period for which the execution of the writ is suspended.
14. Costs. (O. 75 r. 14)
The costs of all proceedings taken under the Ordinance shall be in the discretion of the Court.
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