§ 89 — Attachment of property of person proclaimed

89.—(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.[40/2019]

(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.

—(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.[40/2019]

(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.