On 22/05/2013,
you requested for the version in force on 22/05/2013
incorporating all amendments published on or before 22/05/2013.
The closest version currently available is that of 25/06/2010.
88.
—(1) If a court has reason to believe, whether after taking evidence or not, that a person against whom a warrant of arrest has been issued has absconded or is hiding so that the warrant cannot be executed, the court may publish a written proclamation requiring him to appear at a specified place and at a specified time not less than 30 days after the date of publication.
(2) The proclamation must be published —
(a)
in a daily newspaper;
(b)
by leaving a copy of it at the person’s last known address;
(c)
by affixing a copy of it to any bulletin board in the court house;
(d)
by affixing a copy of it to the bulletin board in the office of the Town Council established under section 4 of the Town Councils Act (Cap. 329A) that is nearest to the person’s last known address; or
(e)
by affixing a copy of it to a bulletin board of any community centre or clubhouse established under the People’s Association Act (Cap. 227) that is nearest to the person’s last known address.
(3) A statement by the court issuing the proclamation stating that the proclamation was published on a specified day in a specified manner, or on a specified day at a specified place, is conclusive of that fact.
89.
—(1) After issuing a proclamation under section 88, the court may order the attachment of any property, movable or immovable, or both, belonging to the proclaimed person.
(2) If the property consists of debts or other movable property, the attachment may be made by all or any of the following methods:
(a)
by seizure;
(b)
by the appointment of a receiver;
(c)
by an order in writing prohibiting the delivery of the property to the proclaimed person or any person on his behalf.
(3) If the property to be attached is immovable property, the attachment may be made by all or any of the following methods:
(a)
by taking possession;
(b)
by the appointment of a receiver;
(c)
by an order in writing prohibiting the payment of rent or delivery of any instrument of title to the proclaimed person or any person on his behalf.
(4) The powers, duties and liabilities of a receiver appointed under this section are the same as those of a receiver appointed by the High Court under its civil jurisdiction.
(5) An attachment of immovable property shall have no effect until the order of attachment is registered under the Registration of Deeds Act (Cap. 269) or the Land Titles Act (Cap. 157), as the case may be.
(6) If the proclaimed person does not appear within the time specified in the proclamation, the attached property shall be at the disposal of the Government, but it must not be disposed of until the end of a reasonable period set by the court, having regard to the nature of the property.
90.
—(1) Any person, including the person proclaimed, may apply to the court for the release of the property attached under section 89 or for the net proceeds of sale if sold.
(2) Such an application must be supported by an affidavit stating the reason for the release of the property or the net proceeds of the sale, and served on the Public Prosecutor.
(3) The court, after hearing the parties, may make such order as it thinks fit, including an order for the applicant to pay the costs of the proceeding and an order for costs to be awarded to an applicant whose property was wrongfully attached.
(4) An application under this section may not be made more than 3 years from the date of attachment or the sale, whichever is the later.
(5) Any hearing conducted under this section must follow as closely as practicable the procedure prescribed in this Code for conducting trials.
(6) Any order for costs to be awarded to an applicant whose property was wrongfully attached shall be paid out of the Consolidated Fund.