ENFORCEMENT OF JUDGMENTS

ENFORCEMENT OF JUDGMENTS
-Enforcement of judgment is made after a judgment.;. E.g S/J, full trial….

-The term “execution – normally used to mean enforcement of judgment by way

of writs of execution which include a writ of seizure and sale, a writ of
possession and a writ of delivery

Modes of enforcement;
i)Discovery in aid of execution/ Judgment Debtor Summons
ii)Writ of Executions
iii)Garnishee Proceedings
iv)Charging Orders
v) Appointment of receivers by way of equitable execution
vi) Order of committal
ENFORCEMENT OF
JUDGMENTS
*Limitation Period;
S.6(3) Limitation Act 1953 – cannot be enforced 12 years from the date
the judgment becomes enforceable
Daud Bin Ibrahim (1961) 27 MLJ 43…not allowed after 12 years

*No execution against the government

S.33(4) Government Proceedings Act 1956
-provides that there can be no execution against the government.
S.35 Government Proceedings Act 1956
-Garnishee proceedings do not apply to government
The reason; the government usually pays and the payment is only delayed
EXAMINATION OF JUDGMENT
DEBTOR
EXAMINATION OF JUDGMENT
DEBTOR
Two modes;
O.48,
S.4 Debtor Act 1957

O.48;
-Discovery in aid of execution
S.4 Debtors Act;
-The Judgment Debtor may be ordered to pay one lump sum or by
instalments.
- Failure to comply may lead to committal proceedings and imprisonment

-
Examination Of Judgment Debtor; O.48
Procedure;
Notice of Application
supported by affidavit in F.95 –
 -judgment was entered for rm…
 Remains wholly unsatisfied/ or unsatisfied as to total sum of rm…
 In order for pl to decide upon methods to employ to enforce judgment, it is
desired to examine the JD
 On the questions what debts are owing to JD and /or means of satisfying the JD
 Ask an order for the JD to attend the court to be examined b4 the Registrar
 And to produce all books/relevant documents in his possession relevant to the
said questions.

Order in F.96 -must be served personally on the JD

Examination Of Judgment Debtor. O.48
Any difficulty arising in the course of an examination/
if there is any dispute, the Registrar may refer it to the
court to determine.

The Registrar must record in writing any statements

made in the examination, read it back to him and ask
him to sign
Refuse to sign; the registrar will sign
Judgment Debtor Summons
S.4 Debtors Act 1957
Where the judgment is for the recovery of money, the JC may
summon the JD, (or if JD is a corporation, the officer of the
corporation);
(1)to be orally examined b4 the Ct on the ability of JD to pay,
discovery of property applicable and disposal
(2) produce all books, documents related
(3) Judgment Creditor may subpoena any person as witness to
supply information (anyone who can supply information)
(4) may be examined under oath
(5) JD does not appear, the ct may;
a) Order him to be arrested and brought before the court to be examined; or
b) Make an order against the JD ex-parte
Judgment Debtor Summons
 4(6) Upon such examination or non appearance ct may order the
JD to pay the judgment debt either;
 a) in one sum whether forthwith or within such period as the court may
fix
 b) By such instalments payable at such times as the court may fix

(7) If JD defaults in payment, a notice may be issued calling

upon JD why he should not be committed in prison for such
default

(8) Notice shall be personally served; no sufficient cause

shown, JD may be committed to civil prison for term which
may extend to six weeks or until earlier payment
Judgment Debtor Summons
S.5 Power of Court to order Discharge of debtor
If it appears that to the satisfaction of the court that any
debtor arrested or confined in prison
Unable from any cause to pay any sum recovered
against him or any instalment thereof and ought to be
discharged.
The ct may order his discharge upon such terms
(including liability to re-arrest if the terms are not
complied with) as the court thinks fit.
Judgment Debtor Summons
Procedure; O.74 r.11A, 11B, 11C, 11D
Request for JDS – F.174
( to attach a sealed copy of the Judgment)
JDS- F.177
 Toexamine the ability of the JD to satisfy the judgment debt
 Do not appear, an order of arrest may be issued

If against any partner of a firm- exparte leave in F.175

supported by affidavit in F.176 ( to add)
Judgment Debtor Summons
Judgment Notice;
By Praecipe in F.178, a request by the JC against JD to show
cause why he (JD) should not be committed to prison for default
of payment (O.74 r.12)
o Full name of the address of JD
o Date and particulars of the Order for payment in respect of which
default has been made
o The total amount which has been paid since the date of such order
o The sum or instalment in respect of which default has been made
o The date on which the same ought to have been paid according to the
order
o The debtor’s occupation, circumstances and means of payment as far
as they are known to the applicant.
Verified by the oath the applicant
Judgment Debtor Summons
Judgment Notice; (O.74 r.13)
F.179-
 JD required to attend the court on certain date to show cause why he
should not be committed to prison for having disobeyed the ct order;
 To state the order disobeyed or not complied with.

-Shall be served personally, not less than 4 clear days before

the appointed date.

-On the hearing of a judgment notice, the ct may make an

order of commitment or vary the instalment order as it
thinks fit. (O.74 r.14)
Judgment Debtor Summons
Commitment (O.74.r.15)
-Order for commitment shall be in F.180
- a command to the Sheriff to arrest JD and to deliver
him to officer in charge of the Prison to be kept for certain
term/or until earlier payment
*note- The JD shall not be arrested if he pays certain
sum (as ordered by the court) to be deposited in court.
Judgment Debtor Summons
Payment by JD (O.74.r.16)
The debtor may at any time pay the amount stated in the order
and obtain his discharge.
Either to the sheriff, or if he in prison , to the officer in charge
of prison.

Certificate of Satisfaction ( O.74 r.17)

-JC shall lodge a certificate of satisfaction signed by him in F.
181
-if JC makes default, JD or any person on his behalf may
apply to the court for an order of discharge, cost to be paid -by
JC. Order; F. 182