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Practice and procedure “ execution “ warrant of ejectment “ notice required “ earlier ejectment invalid
Order 26 r 4A of the Magistrates Court (Civil) Rules 1980 (SI 290 of 1980) provides that where a warrant of ejectment or attachment is executed, the affected person must be given notice of the date of execution, which must be not less than 48 hours after the notice is served. Any earlier ejectment is invalid, unless it is shown that one of the exceptions provided in the proviso to r 4A(1) applies. This provides that the messenger need not deliver or leave notice of ejectment or attachment where he has reasonable grounds for believing that immediate execution of the warrant is necessary in order to prevent the execution debtor from concealing or disposing of any property in order to avoid its attachment.
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