Executions

168. Where any party shall desire to obtain execution of a judgment or order by sale of movable property or by attachment of movable property, he shall make a written application for the same to the Registrar, and shall at the same time produce to the Registrar an office copy of the judgment or order sought to be executed.

The application shall be signed by the judgment creditor or his advocate and shall be filed,

169. Every writ of execution by the sale of property shall direct in what manner the moneys to be raised under the writ shall be disposed of.

170. Every writ of execution for the recovery of money shall state the amount due under the judgment and direct the marshal to levy the same together with interest thereon at the rate of 9 per cent. per annum from the date of the judgment and together with the costs of execution.

171. Every writ of execution for the recovery of money shall be addressed to the marshal, and shall after execution thereof be returned by the marshal to the Court, endorsed with a statement of what has been done thereunder and of the amount of the costs incurred in such execution, and every such writ, when so returned, shall be filed.

172. Where any party shall desire to obtain execution of a judgment by sale of immovable property, he shall apply to the Court or Judge for the issue of a writ.

173. A writ of sale of immovable property shall contain a description of the property, and, where the same is registered in the books of the Land Registry Office, such particulars of the registration as shall enable the entry in. the books of the Land Registry Office relating to such property to be readily found. If the property be not registered or be registered in the name of any person other than the debtor, the writ shall state the interest of the debtor in the property.

No writ of sale of immovable property shall be issued until the party applying therefor shall furnish the Court or Judge with the particulars required by this Rule to be set forth in the writ.

174. No writ of sale of immovable property shall be issued unless notice of the application for the issue of such writ shall have been served upon the party against whom execution is sought.

In cases where there shall be no address for service or the person to be served is absent from Cyprus or cannot be found, the Court or Judge may direct in what manner notice of the application shall be given.

175. The Court or Judge may, at any time after the issue of a writ of execution, on the application of any person, direct that proceedings under the writ may be stayed for such time and on such terms as shall seem fit.

176. Any such application may be made without notice to any party, but the Court or Judge, on the hearing of the application, may direct that notice thereof be given to any party interested and may adjourn the hearing of the application for that purpose.

177. Any person (hereinafter called the claimant) who shall claim any movable property seized in execution by virtue of a writ of seizure and sale or of attachment shall give notice in writing of his claim to the marshal and the judgment creditor at whose instance the property has been seized in execution.

The notice shall be entitled in the action and shall state the name and address of the claimant and the ground of his claim and shall specify the property claimed by him, and may be in the Form N in Schedule I hereto.

178. The marshal, the claimant, or such judgment creditor, may apply to the Registrar to fix a time at which the right to such property may be determined by the Court or a Judge; and the Registrar shall fix the earliest time which shall appear to him convenient to enable all persons interested to appear before the Court or Judge.

179. Notice of the time so fixed by the Registrar under the last preceding rule shall be given by the person making the application to all other persons claiming to be interested in the property seized.

180. If at the time fixed for the hearing of the application, either the execution creditor or the claimant shall not appear, the Court or Judge may require service of the notice of application to be proved unless the time was fixed on the application of the party failing to appear.

181. The Court or Judge shall on the application coming on for hearing and after hearing the parties appearing and any evidence that may be adduced by either or many of them, make any order disposing of the claim, or may adjourn the hearing of the application if it shall appear necessary so to do to determine the rights of the parties.

182. The Court or Judge, in disposing of the claimant’s claim, may direct by whom the costs of and occasioned by the application, shall be paid, and, if any such costs are directed to be paid by the execution creditor, the Court or Judge may direct that he be entitled to add such costs to his costs of execution; and where any costs have been incurred by the marshal the Court or Judge may direct that he recover the amount thereof as costs of execution.