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High Court to recommence execution sales more than two years after process was suspended
Kaieteur News – The High Court is set to recommence conducting execution sales, some two years after the procedure was suspended to cater for amendments in its civil procedures rules.
Attorney General, Anil Nandlall, SC
During a recent broadcast of his programme ‘Issues in the News,’ Attorney General (AG) and Minister of Legal Affairs, Anil Nandlall SC revealed that many litigants have been waiting on the High Court to resume execution sale.
Nandlall explained how the process works. He stated that an execution sale is an alternative method in which, “you obtain judgment in monetary form against a party in a case and they fail to pay that judgment.”
The AG explained: “One of the things…an individual or entity can do is move to the court to levy on the property and it will be sold at execution sale. The proceeds of that sale will go to satisfy the judgment …For example, you take out a mortgage and you do not pay your installments when they are due. Then the bank has the right to foreclose on that property which means the bank has the right to take you to court and ask the court to sell your property in the execution sale for the sum of money owed. That sale is conducted by a marshal of the High Court; it is a judicial exercise.”
As a result, the AG noted that the suspension of the execution sale process has had a severe impact on many persons seeking justice through the local courts.
“For the longest while going on to two years, there has been no execution sales by the High Court because the judiciary felt that the current [2016] rules of court under which execution sales are conducted were deficient and needed some amendments,” Nandlall explained.
He continued, “As a result, the execution sale process was suspended but unfortunately, the amendments to the rules have taken an unusually long period. I am told that they have now been completed and will soon be promulgated. Once it is promulgated, I believe execution sales will recommence…”
He lamented, “Several persons have raised the issue with me. The bankers association has raised it with me. The private sector has raised it with me and many private litigants who are affected have raised it with me.”
“I know the hiatus of not having execution sales has had an impact on both the creditors as well as on those in commercial sector in particular the banking sector. I suspect that the banks have many, many cases where the properties have been foreclosed but they can’t get their monies because the properties cannot be sold through the courts,” he added.
The Attorney General expressed optimism that the High Court has taken steps to rectify the rules which will make way for the process of execution sale to recommence.
“The drafting of the proposed rules of court have been completed and the amendments will come into force very shortly and execution sales will hopefully resume,” Nandlall added.
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