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In forceAmended2020 Revised Edition
Contents

Part 6 · Arrest and Bail and Processes to Compel Appearance

89. Attachment of property of person proclaimed

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Amended

Last amended by an amending law of 2019.

(1)

After issuing a proclamation under section 88, the court may order the attachment of any property, movable or immovable, or both, belonging to the proclaimed person.

(2)

If the property consists of debts or other movable property, the attachment may be made by all or any of the following methods:

(a)

by seizure;

(b)

by the appointment of a receiver;

(c)

by an order in writing prohibiting the delivery of the property to the proclaimed person or any person on the proclaimed person’s behalf.

(3)

If the property to be attached is immovable property, the attachment may be made by all or any of the following methods:

(a)

by taking possession;

(b)

by the appointment of a receiver;

(c)

by an order in writing prohibiting the payment of rent or delivery of any instrument of title to the proclaimed person or any person on the proclaimed person’s behalf.

(4)

The powers, duties and liabilities of a receiver appointed under this section are the same as those of a receiver appointed by the General Division of the High Court under its civil jurisdiction.

(5)

An attachment of immovable property has no effect until the order of attachment is registered under the Registration of Deeds Act 1988 or the Land Titles Act 1993, as the case may be.

(6)

If the proclaimed person does not appear within the time specified in the proclamation, the attached property is at the disposal of the Government, but it must not be disposed of until the end of a reasonable period set by the court, having regard to the nature of the property.

Report

Part 7

The Charge

Part 7A

Deferred Prosecution Agreements

Part 8

Initiation of Criminal Proceedings and Complaint to Magistrate

Part 9

Pre-Trial Procedures in the State Courts

Part 10

Pre-Trial Procedures in General Division of High Court

Part 10A

Prosecution’S Obligation to Serve Certain Materials on Defence

Part 11

General Provisions Relating to Pre-Trial and Plead Guilty Procedures in All Courts

Part 12

Procedure at Trial in All Courts

Part 13

General Provisions Relating to Proceedings in Courts

Part 14

Evidence and Witnesses

Part 15

Judgment

Part 16

Sentences

Part 17

Community Sentences

Part 18

Compensation and Costs

Part 19

Disposal of Property

Part 20

Appeals, Points Reserved, Revisions and Criminal Motions

Part 21

Special Proceedings

Part 22

Miscellaneous

Schedules