Court Procedures Rules 2006

On application by the person in whose favour an order for possession of land (the original order) is made, the court may make an order (an order for delivery of possession of land) authorising an enforcement officer to enter on the land described in the order and deliver possession of the land and appurtenances to the person.

Appurtenances are things that belong to an estate in the land eg houses, other buildings and gardens.

See approved form 2.70 (Order for delivery of possession of land) AF2006-315.

The application is made by filing in the court—

a draft of the order sought; and

an affidavit in support of the application.

The affidavit in support must state—

the date a sealed copy of the original order, and the notice in accordance with rule 2015 (2), was served on the enforcement debtor or other person liable to comply with the order; and

that the original order has not been complied with; and

whether to the best of the applicant’s knowledge a person other than the person liable under the original order is in possession of the land or part of it and, if so, how the person is in possession; and

how rule 2452 has been complied with; and

any other information necessary for the order being sought.

The affidavit may contain statements of information and belief if the applicant states the sources of the information and the reasons for the belief.

The affidavit must be sworn not earlier than 2 days before the day the application is filed in the court.

Part 6.2 (Applications in proceedings) does not apply to an application under this rule.

The draft order and supporting affidavit need not be served on anyone unless the court otherwise orders on its own initiative.

Unless the court otherwise orders on its own initiative, an application under this rule must be dealt with without a hearing and in the absence of the parties.