UNIFORM CIVIL PROCEDURE RULES 2005 - REG 43.4 Sheriff may apply for claimant's proceedings to be restrained or stayed

UNIFORM CIVIL PROCEDURE RULES 2005 - REG 43.4

43.4 Sheriff may apply for claimant's proceedings to be restrained or stayed

(cf SCR Part 56, rules 5 and 6; Act No 9 1973, section 116; Act No 11 1970, section 67)

(1) This rule applies if a claimant does not give a notice of claim within a reasonable time after becoming aware that the Sheriff has taken or intends to take possession of the disputed property.

(2) On application by the Sheriff, the court may restrain the claimant from commencing or continuing proceedings against the Sheriff in respect of anything done, or omitted to be done, by the Sheriff in execution of any writ of execution after the time when the claimant might reasonably have given a notice of claim.

(3) The Sheriff may apply for an order under this rule--

(a) if proceedings referred to in subrule (2) have been commenced against the Sheriff in the court, by motion in those proceedings, or

(b) in any other case, by motion in the proceedings in which the writ of execution was issued.

(4) Notice of an application under this rule must be served personally on the claimant.