Part 55 – Sale of Land by Order of Court

Scope of this Part

55.1

1. This Part deals with the sale of land –
   1. under any enactment which authorizes the court to order a sale; and
   2. when it appears to the court to be necessary or expedient that the land should be sold.
2. In this Part  –“land” includes any interest in, or right over, land.

Application for order for sale

55.2

1. An application for an order for sale must be supported by affidavit evidence.
2. The evidence under paragraph (1) must –
   1. exhibit a current valuation of the land by a qualified land valuer or surveyor;
   2. identify the land in question; and
   3. state —
      1. any restriction or condition that should be imposed on the sale for the benefit of any adjoining land of the judgment debtor or otherwise;
      2. the full names and addresses of all persons who to the knowledge or belief of the applicant have an interest in the land;
      3. the nature and extent of each such interest;
      4. the grounds on which the court should order a sale of the land;
      5. the proposed method of sale and why such method will prove most advantageous;
      6. the reason for seeking an order for sale; and
      7. whom it is proposed should have conduct of the sale.
3. The application and copies of the evidence in support must be served in accordance with Part 5 on the judgment debtor and every person who has an interest in the land.

Hearing of application

55.3

1. The court on hearing the application may –
   1. direct that notice be given to any person who appears to have an interest in the land but has not been served with the application and adjourn the application to a fixed date;
   2. order the sale of the land or a specified part of the land;
   3. direct who shall have conduct of the sale;
   4. order that any person in –
      1. possession; or
      2. receipt of the rents or profits; of the land or any part of the land do deliver up possession of the land or receipt of the rents and profits to such person and on such date as the court directs;
   5. suspend any such order on such terms as the court thinks fit; or
   6. dismiss the application.

Order for sale

55.4

1. On making an order for sale, the court may –
   1. direct the manner in which the land is to be sold; or
   2. permit the person having conduct of the sale to sell the land in  such manner as that person thinks fit.

 Directions

55.5

1. The court may give directions for the purpose of the sale, including –
   1. fixing any reserve or minimum price for the sale;
   2. obtaining further evidence as to the valuation of the land;
   3. settling the particulars and conditions of sale;
   4. fixing the remuneration of the auctioneer or estate agent dealing with the sale;
   5. requiring payment of the net proceeds of sale into court or other­wise;
   6. an inquiry into what interests any interested persons may have in the land and the extent of such interests in the net proceeds of sale;
   7. how the net proceeds of sale should be applied; and
   8. certification of the result of the sale.

Further directions

55.6

1. Any party or the person having the conduct of the sale may apply to the court to vary the directions or to make further directions.