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Legal Subjects > Litigation > Civil Matters > Prohibitory Order
 
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HOW IS THE FLOWCHART OF PROHIBITORY ORDER PROCEEDINGS ?
To identify judgment debtor landed property and obtain abstract of title
Execution ordered by seizure and sale of land
Court to issue ex parte a Prohibitory Order - Form 80A
Prohibiting the judgment debtor from transferring, charging or leasing the land or creating any lien or equitable charge thereover by deposit of the issue document of title
Judgment creditor or in this proceedings the execution creditor present Prohibitory Order to appropriate registering authority for registration in the appropriate register of titles
Land is deemed been seized
Service of copy of Prohibitory order on judgment debtor but failure to do so shall not affect the validity thereof, if reasonable efforts have been made to effect service
Prohibitory order shall expire and cease to have effect after 6 months.
The Court may extend the order for another 6 months after which no further Prohibitory Order to the same effect may be issued in execution of the same judgment debt.
If no payment or acceptable proposal from judgment debtor, proceed with the sale of the land before the expiry date of the Prohibitory Order.
Application for Order for Sale
Bailiff to prepare particulars and conditions of sale for Court approval and for its directions as to the manner of advertising of sale and appointment of an auctioneer.
Notice of appointment to be served on execution creditor and judgment debtor.
Public Auction
Purchaser - Payment of the purchase price
On confirming the sale, the Court shall make and execute an Order - Form 80B - Memorandum of Transfer on Sale by Order of Court
Judgment creditor and debtor may apply to Court for confirmation of sale and bailiff be served with the application.
Proceeds of execution sale to be distributed.



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