Leave to issue warrant
68.02 Leave to issue warrant
(1) Notwithstanding Order 66, a warrant of execution to enforce a judgment shall not be issued without the leave of the Court where:
(a) 6 years have elapsed since the judgment took effect;
(b) a change has taken place, whether by assignment or death or otherwise, in the identity of the person entitled or liable to execution under the judgment;
(c) the judgment is against the assets of a deceased person coming to the hands of his executor or administrator after the date of the judgment and it is sought to issue execution against assets of that description;
(d) under the judgment a person is entitled to enforce it subject to the fulfilment of a condition; or
(e) the warrant is against property in the hands of a receiver appointed by the Court or of a sequestrator.
(2) Subrule (1) does not affect a provision of or under an Act requiring the leave of the
Court before a judgment may be enforced.
(3) An application for leave under subrule (1) may be made without notice to any person, unless the Court otherwise orders.
(4) The application shall be supported by evidence on affidavit showing:
(a) where the judgment is for the payment of money – the amount, including interest, due on the date of the application;
(b) where subrule (1)(a) applies – the reasons for the delay;
(c) where subrule (1)(b) applies – the change which has taken place;
(d) where subrule (1)(b), (c) or (d) applies – that a demand to satisfy the judgment has been made on the person liable to satisfy it and that he has not satisfied it;
(e) that the applicant is entitled to proceed to execution on the judgment; and
(f) that the person against whom execution is sought is liable to execution on the judgment.
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