PART VII
PROVISIONAL REMEDIES
156.
Power to Arrest Defendant:Where at any stage of hearing of any suit of the value of LS50 or more, the plaintiff
satisfies the Court by affidavit or otherwise of any one or more of the under mentioned
matters, the Court may, subject to the provisions of section 172 issue a warrant to arrest
the defendant and bring him before the Court to show cause why he should not give
security for his appearance and these matters are:(a) that the defendant, with intent to delay the plaintiff or to avoid any process of
the Court, or to obstruct or delay the execution of any decree that may be
passed against him:(i) has absconded or left the local limits of the jurisdiction of the
Court; or
(ii)
is about to abscond or to leave the local limits of the jurisdiction
of the Court; or
(iii)
has disposed of or removed from the local limits of the
jurisdiction of the Court his property or any part thereof; or
(b) that the defendant is about to leave the New Sudan in circumstances affording
reasonable probability that the plaintiff will or may thereby be obstructed or
delayed in the execution of any decree that may be passed against the
defendant in the suit; provided that the defendant shall not be arrested if he
pays to the officer entrusted with the execution of the warrant any sum
specified in the warrant as sufficient to satisfy the plaintiff’s claim; and such
sum shall be held in deposit by the Court as a trust until the suit is disposed of
or until further order of the Court; provided also that the defendant shall not
be arrested if he furnishes such security as the Court which issued the warrant
may direct.
157.
Order against Defendant to Furnish Security to Answer Claim or to Appear:1) Where the defendant fails to show such cause referred to in section 156 the Court
shall order him either to deposit in Court, money or other property sufficient to
answer the claim against him, or to furnish security for his appearance at any time
when called upon while the suit is pending and until execution or satisfaction of any
decree that may be passed against him in the suit, and may make such order as it
thinks fit in regard to the sum which may have been paid by the defendant under the
first proviso to section 156.
2) Every surety for the appearance of a defendant shall bind himself in default of such
appearance to pay any sum of money which the defendant may be ordered to pay in
the suit.
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