WRITS AND ORDERS OF COURT
131. In this Part, unless the context otherwise requires —
“order” includes any rule or decree of any court;
“Sheriff” includes any officer directed by a court to levy execution on land;
“writ” means a writ of execution issued out of any court having jurisdiction to levy execution against land, and, where the context admits, includes renewal of a writ and a second or subsequent writ on the same judgment.
—(1) A writ of execution, or an order of court directing, appointing or empowering some person other than the proprietor to sell or otherwise to deal with or dispose of registered land, shall not bind or affect such land until particulars of the writ or order have been entered in the land-register.
(2) An entry referred to in subsection (1) shall constitute a memorial of registration within the meaning of section 37.
(3) The person seeking registration shall lodge with the Registrar a copy of the writ or order together with an application indicating the titles in respect of which registration is required.
(4) The registration of a writ or an order shall enable the Sheriff or other person named therein to execute instruments registrable in accordance with this Act.
(5) A writ shall not be registered unless it has been lodged for registration within 6 months of the date of its issue.
(6) Where a writ has been registered then, until its registration has been cancelled in accordance with this Act, a renewal of that writ, or a second or subsequent writ on the same judgment, shall not be registered.
—(1) The registration of a writ shall not prevent the lodgment of instruments executed by the judgment debtor, but any such instrument shall not be registered until registration of the writ has been cancelled as in this Act provided.
(2) A renewal of a writ, or any second or subsequent writ on the same judgment, shall not be registered while any instrument executed by the judgment debtor is awaiting and is otherwise in order for registration.
—(1) Registration of a writ shall lapse, and the power of the Sheriff to execute registrable instruments pursuant thereto shall be extinguished, at the expiration of one year from the date of the registration of the writ, and the land thereupon shall cease to be bound thereby.
(2) Subsection (1) shall not prevent the registration of a renewal of a writ, or of a second or subsequent writ issued on the same judgment.
(3) Nothing in this Act shall enable a judgment creditor by a succession of writs on the same judgment to bind land for an uninterrupted period exceeding one year.
(4) Upon the lapsing of the registration of a writ, the Registrar shall, on an application made by the proprietor or of anyone claiming through him in an approved form, cancel the registration of the writ.
(5) The lapsing of the registration of a writ shall not prevent the registration of any instrument executed pursuant thereto and lodged for registration prior to such lapsing.
—(1) The interest in registered land which may be sold in execution under a writ shall be the interest which belongs to the judgment debtor at the date of the registration of the writ.
(2) For the purpose of determining the interest in land which belongs to a judgment debtor —
any interest in that land purported to be created subsequent to the date of the registration of the writ; and
any interest in that land created prior to the date of the registration of the writ, and not notified in the land-register nor protected by caveat at least 3 clear days before the date of the sale,
shall be void against a purchaser of the land at the sale in execution under the writ.
(3) Land shall not be sold in an execution under a writ until the expiration of 30 days from the date of the registration of the writ.
—(1) A writ or order of court may be withdrawn by the judgment creditor or other person for whose benefit it was issued, and the Registrar shall, upon receipt of an application made in the approved form, cancel the registration of that writ or order of court.
(2) Upon production to him of sufficient evidence of the satisfaction of a writ, the Registrar shall cancel the registration thereof.
(3) Before registering a withdrawal or a satisfaction of a writ, the Registrar may require evidence that the writ has not been put in force.
—(1) In all cases where a vesting order affecting registered land would be made under the Trustees Act (Cap. 337), the court shall, in accordance with section 51 of that Act, make an order appointing a person to execute such transfers or other instruments as may be necessary to give effect to the vesting.
(2) After the registration of that order under section 132, any instrument so executed shall have effect as if it had been executed by such proprietors of the land intended to be dealt with thereunder as would be necessary to pass the registered title of the estate or interest in question.