Order 10 Judgments (Enforcement) Rules

Order 10 of the Judgments (Enforcement) Rules is about Arrest and imprisonment. It contains the following rules:

1. Conditional order
   Where any order for the enforcement of a judgment is made whereunder process affecting the person of a judgment debtor may be or is to be issued or reissued the judge or magistrate may by the same or a subsequent order direct that the process shall only issue after a certain time, and in the event of the continued refusal or neglect of the judgement debtor at that time to comply with the judgment.
2. Renewal of conditional order
   Where an order has been made under the preceding rule and the judgment debtor subsequently desires to apply for a further extension of time to comply with the order, he shall apply to the registrar, stating the reasons for his inability to comply with the order, and the registrar shall fix a day for the hearing of the application by the court and notify the judgment creditor and the judgment debtor thereof in time for them to attend.
3. Recording of order of commitment
   Where an order of commitment or of arrest and detention is made, the judge or magistrate shall record, as part of the minutes of the proceedings or the note of his determination of the proceedings, a note showing under what section of the Act it is made.

4. Where labour ordered
   Where the court gives a direction under section 70 of the Act for the employment of a judgment debtor during imprisonment, the registrar shall enter or endorse on the warrant a certificate in Form 50.
   [Form 50.]
5. Process
   The appropriate process for the enforcement of an order-
   (a) of commitment made under section 63 of the Act, shall be entitled an order of commitment, and shall be in Form 17 or Form 18;
   [Forms 17 and 18. Cap. P20. Schedule.]
   (b) of commitment made under section 61 or section 68 or 72 of the Act, shall be entitled a warrant of commitment, and shall be in Form 51 or Form 52 or Form 53, as the case may be;
   [Forms 51,52 and 53.]
   (c) of arrest and detention under section 58 or 66 of the Act, shall be entitled a warrant of arrest and detention and shall be in Form 54;
   [Form 54.]
   (d) to bring before the court a judgment debtor in custody, shall be entitled a production warrant, and shall be in Form 55.
   [Form 55.]

6. Committal of t wo or more debtors
   Where two or more judgment debtors are ordered to be committed or detained in respect of the same judgment, a separate order or warrant shall be issued in respect of each
   debtor.
7. Issue of order or warrant of commitment, etc.; subsistence money
   (1) Where an order is made for the issue of a warrant to arrest an absconding defendant, the warrant shall issue forthwith and no praecipe shall be required.
   (2) At the time of making any order of commitment or re-commitment or of arrest and detention the court may order that the order or warrant be issued or reissued forthwith, and shall thereupon give all necessary directions respecting subsistence money, and in such case no praecipe shall be required.
   (3) The costs of an application for an order under the proviso to section 78 of the Act that no subsistence money be allowed in respect of a commitment shall be paid by the judgment creditor unless the application is made at the hearing of the judgment summons or of any application under rule 13 of Order IX or for the discharge of the judgment debtor, as the case may be, and if such order is made, the order or warrant shall be issued or reissued without payment of subsistence money.
   (4) Where an order for a warrant to arrest an absconding defendant or an order of arrest and detention is made, the judge or magistrate-
   (a) if the warrant is to issue forthwith, shall at the same time; and
   (b) in any other case, may at any time,
   either of his own motion or on the application of the judgment debtor, direct either that no subsistence money be allowed or that subsistence money be allowed at such rate not exceeding 26 kobo per day as he thinks sufficient, and in the latter case shall fix such amount thereof as he thinks fit as the amount to be paid by the judgment creditor before the issue of the warrant; and if the judge or magistrate directs that no subsistence money be allowed, or gives no direction, the warrant shall be issued without payment of subsistence money.

(5) Where a judgment creditor desires an order or warrant for the commitment of a judgment debtor to be issued or reissued or a warrant for the arrest and detention of a judgment debtor to be issued, he shall, unless an order for the issue or reissue of the order or warrant forthwith has been made, file a praecipe in Form 56.
[Form 56.]
(6) The registrar shall enter on the praecipe particulars of any order or direction of the court respecting subsistence money, and if any such order or direction is lacking, shall first submit the praecipe to the judge or magistrate for the purpose of obtaining the same.
(7) Upon payment of the expenses of conveying the judgment debtor to prison, if required, and the amount of subsistence money, if any, due to the end of the current month, or due to the end of the term of imprisonment if the term is a month or less, or directed to be paid before issue, as the case may require, the order or warrant shall be issued or reissued.
(8) The registrar shall enter or endorse on the order or warrant a note in Form 57.
[Form 57.]

8. Expenses of moving judgment debtor in custody
   Subject to the provisions of section 81 of the Act, the court in its discretion may order that any expenses of conveying a judgment debtor or absconding defendant in custody to prison or to court shall be defrayed by any party, and may make the payment of such expenses a condition precedent to any relief dependent on such conveyance; and such expenses, if paid by a judgment creditor, shall, unless the court orders them to be borne by
   the judgment creditor, be recoverable by the judgment creditor in like manner as subsistence money under section 80 of the Act.
9. Disposal of subsistence money
   The registrar shall retain each amount received by him in respect of subsistence allowance until the expiry of the relevant period of the term of imprisonment, or the liberation of the judgment debtor, whichever shall be the sooner, and shall upon such expiry or
   liberation pay to the officer in charge of the prison all subsistence money then accrued due and payable to him.
10. Warrant of arrest may be sent to foreign court
    A warrant for the arrest and detention of a judgment debtor may be sent for execution to a foreign court in accordance with the provisions of section 39 of the Act and these Rules as if it were an order or warrant for the committal of a judgment debtor to prison.
11. Order of commitment sent to foreign court
    Where an order or warrant of commitment, other than a warrant of commitment under section 61 of the Act, is sent to a foreign court under the provisions of the Act, the registrar of the foreign court shall endorse on it a notice in Form 58 addressed to the officer in charge of the nearest prison.

12. Place of imprisonment
    (1) Where a judgment debtor is arrested under an order or warrant of commitment, other than a warrant of commitment under section 61 of the Act, he shall be imprisoned in the prison mentioned in the order or warrant, or, if the warrant is executed in the division or district of a foreign court, in the prison mentioned in the notice in Form 58 endorsed on the warrant.
    [Form 58.]
    (2) Where a judgment debtor is arrested under a warrant of commitment under section 61 of the Act, or a warrant of arrest and detention, he shall be forthwith conveyed to
    the prison mentioned in the warrant and there imprisoned or detained.
13. Unconditional discharge upon payment of debtor imprisoned under sections 66 or 68
    (1) When issuing a warrant of arrest and detention under section 66 of the Act, or a warrant of commitment under section 68 of the Act, or making an order for the issue of any such warrant, the judge or magistrate, in his discretion, may direct that the order or warrant be superseded and the judgment debtor discharged upon payment of the amount in default at the time of issue of the warrant together with the fees for issue of the warrant.

(2) Such direction shall be expressed in the order or warrant by entering therein the total of the said amount and fees as the sum on payment of which the judgment debtor is to be discharged, and on payment of such sum he shall be discharged.
(3) If no such direction is given, the aforesaid total sum shall be entered on the order or warrant as the sum on payment of which the judgment debtor may be dis charged by order of the court, and on payment thereof he shall be detained in custody to await the order of the court.

14. Payment and part payment before imprisonment: unconditional discharge
    (1) Upon the issue or reissue of–
    (a) a warrant of arrest and detention under section 58 of the Act, or a warrant of commitment under section 61 of the Act, or an order of commitment under section 63 of the Act; or
    (b) any warrant mentioned in paragraph (l) of rule 1 3 of this Order whereon is expressed such direction as is mentioned in that rule for the discharge of the judgment debtor upon payment, then before the judgment debtor is imprisoned thereunder he, or anyone on his behalf, may pay to the judgment creditor, or to the bailiff holding the order or warrant, or to the court which made the order, or to the foreign court, if any, the amount entered on the order as that on payment of which the judgment debtor is to be discharged, or part of such amount.

(2) Where any such payment or part payment is made, the following
provisions shall apply-

(a) where the money is paid to the judgment creditor, he shall inform the
registrar of the court which made the order of commitment or arrest and
detention;
(b) where the money is paid, or the judgment creditor’s information is
given, to the court of the division or district in which the order or
warrant is to be executed, the registrar shall notify the bailiff holding the
order or warrant of the payment;

(c) where the money is paid, or the judgment creditor’s information is
given, to the home court after the order or any order or warrant issued
thereunder has been sent to a foreign court for execution, the registrar of
the home court shall send notice of the payment in Form 39 to the
registrar of the foreign court, who shall notify the bailiff holding the
order or warrant of the payment;

(d) where the money is paid or paid over to the foreign court, the
registrar of that court shall follow the procedure prescribed in
paragraphs (3) and (4) of rule 28 of Order II;
(e) where payment or part payment is made or notified to the bailiff
holding the order or warrant, then-

(i) if the payment is of the whole amount, he shall liberate the
judgment debtor, and
(ii) if the payment is of part of the amount he shall deduct the sum
paid from the amount entered on the order or warrant as that on
payment of which the debtor is to be discharged, and the order of
commitment or arrest and detention and the order or warrant issued
thereunder shall thenceforth operate for non-payment of the balance
only; and if the part payment was made on the judgment debtor’s
behalf, he shall inform the judgment debtor thereof,

(iii) if he himself receives the payment or part payment, he shall
notify the registrar of the court from which the order or warrant was
last sent to him.

15. (1) Upon the issue or reissue of any warrant mentioned in paragraph (1) of
    rule 13 of this Order containing no direction such as is mentioned in that
    rule for the discharge of the judgment debtor upon payment, then before the
    judgment debtor is imprisoned thereunder he, or anyone on his behalf, may
    make payment or part payment of the amount entered on the warrant as that
    on payment of which the judgment debtor may be discharged by order of the
    court, to any of the persons mentioned in paragraph (1) of rule 14 of this
    Order.

(2) Where any such payment or part payment is made or notified, or
information thereof is given, other than to the bailiff holding the warrant, the
provisions of sub-paragraphs (a) to (d) of paragraph (2) of rule 14 of this
Order shall apply and where payment or part payment is made or notified to
the bailiff holding the warrant-

(a) he shall deduct the sum paid from the amount entered on the warrant
as that on payment of which the judgment debtor may be discharged by
order of the court and the order for commitment or detention, and the
warrant issued thereunder, shall thenceforth operate only for nonpayment of the balance, if any, and for the misconduct; and
(b) he shall inform the judgment debtor of any payment made on the
judgment debtor’s behalf; and
(c) he shall deliver the judgment debtor to the officer in charge of the
prison mentioned in the warrant; and
(d) if he himself receives the payment or part payment, he shall notify the
registrar of the court from which the warrant was last sent to him.

16. (1) Where a judgment debtor is imprisoned under any order or warrant
    mentioned in paragraph (1) of rule 14 of this Order, he or anyone on his
    behalf, may pay to the judgment creditor, or to the officer in charge of the
    prison, or to the court which made the order, or to the foreign court, if any,
    the amount entered on the order as that on payment of which the judgment
    creditor is to be discharged, or part of the amount.

(2) Where payment is made of the whole amount, or the judgment creditor
makes default in payment of subsistence allowance, the following
provisions shall apply-

(a) where the money is paid to the judgment creditor, he shall sign a
certificate of payment in Form 21 and send it to the officer in charge of
the prison;
(b) where the money is paid to, or default is made in payment of
subsistence allowance payable to, the registrar of the court of the
division or district in which the order or warrant was executed, the registrar shall sign a certificate of payment in Form 21 or default in Form 22, as the case may be, and send it to the officer in charge of the prison;

(c) where the money is paid to the registrar of the home court after the
order or any order or warrant issued thereunder has been sent to a
foreign court for execution, the registrar of the home court shall notify
the payment to the registrar of the foreign court, who shall sign the
appropriate certificate and send it to the officer in charge of the prison;
(d) where the money is paid or paid over to the foreign court, the
registrar of that court shall follow the procedure prescribed in paragraph
(3) and (4) of rule 28 of Order II;

(e) where the money is paid to the officer in charge of the prison, or he
receives either of the certificates mentioned above, he shall liberate the
judgment debtor, unless he is also imprisoned in respect of another
order; and such officer shall also, if he himself receives the payment,
pay the money over to the registrar of the court from which the order or
warrant was last sent to him and send with it a certificate in Form 59.