Section 107 Sheriffs and Civil Process Act

Section 107 of the Sheriffs and Civil Process Act 1945 is about Execution not to issue unless affidavit filed. It provides as follows:

No process shall be issued upon such certificate unless an affidavit is first filed in the court out of which it is intended to issue such process made by the judgment creditor or by some other person cognisant of the facts of the case, stating-
[L.N. 47 of 1955.]

(a) that the amount for which process is proposed to be issued is actually due and unpaid; or

(b) that an act ordered to be done remains undone; or

(c) that the person ordered to forebear from doing an act has disobeyed the order, and no process shall be issued for a larger amount than that sworn to.

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