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WHEN DO I NEED LEAVE OF THE COURT TO ENFORCE A JUDGMENT BY WRIT OF EXECUTION ?

Under the Subordinate Court Rules 1980, Order 31, Rule 2, a writ of execution to enforce a judgment or order may not be issued without the leave of the Court in the following cases, that is to say:

• where 6 years or more have lapsed since the date of the judgment or order
  
  
• where any change has taken place, whether by death or otherwise, in the parties entitled or liable to execution under the judgment or order
  
  
• where the judgment or order is against the assets of a deceased person coming to the hand of his or her executors or administrators after the date of the judgment or order, and it is sought to issue execution against such assets
  
  
• where under the judgment or order any person is entitled to relief subject to the fulfillment of any condition which it is alleged has been fulfilled
  
  
• where any movable property sought to be seized under a writ of execution is in the hands of a receiver appointed by the Court

Where the Court grants leave for the issue of a writ of execution and the writ is not issued within 1 month after the date of the order granting such leave, the order shall ceased to have effect, without prejudice, however, to the making of a fresh order.

Application for leave may be made by notice in Form 81 (Notice For Leave To Issue Execution) supported by affidavit.