ORDER 16 - INTERIM ATTACHMENT OF PROPERTY

ADAMAWA
ORDER 16 - INTERIM ATTACHMENT OF PROPERTY

1. (a)           Where 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)     where, 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 the same, and the plaintiff shall, at the time of making the application, declare that to the best of his information and belief the defendant is about to dispose of or remove his property with such intent as aforesaid.

3. If the Court after making such investigation as it may consider necessary, shall be 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. Pending the defendants compliance with such 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. 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. If the defendant shows such cause, or furnishes the required security, and the property specified in the application or any portion of it, shall have 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, such claim shall be investigated in the manner prescribed for the investigation of claims to property attached in execution of a decree.

6. In all cases of attachment before judgment, the Court shall at any time remove the attachment, on the defendant furnishing security as above required, together with security for the costs of the attachment, or upon an order for a non-suit or striking out the cause or matter.

7. The application may be made to the Court in the Judicial Division where the defendant, or in case of urgency, where the property proposed to be attached, may be, and such Court may make such order as shall seem just. In case an order for the attachment of property shall be issued by a different Court from that in which the suit is pending, such Court shall, on the request of either of the parties, transmit the application and evidence therein to the Court in which the suit is so pending, retaining the property in the meantime under attachment or taking sufficient security for its value and the Court in which the suit is pending shall thereupon examine into and proceed with the application in accordance with the foregoing provisions, in such manner as shall seem just.

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