ENACTMENT NO. 5 OF 1984
SYARIAH CIVIL PROCEDURE ENACTMENT 1984

PART XXV - OBJECTION PROCEEDINGS



Section 189. Hearing.

(1) Unless the property is released as aforesaid, the Court shall give to the execution creditor and the objector not less than two clear days notice of the hearing of the objection and the same shall be heard and determined as if it were an action in which the objector was plaintiff and the execution creditor defendant.

(2) The bailiff shall not be a party to the proceedings unless the Court shall so order.

(3) If the Court decides in favour of the objector, the property shall be delivered to him and the Court may on his application award him a reasonable sum by way of damages for loss of use, deterioration or damage done thereto, and his costs of the objection proceedings. If the properety has been sold, the Court shall award the true value thereof, which may exceed the amount realized on the sale, and costs.

(4) If the Court decides against the objector, it may award to the execution creditor any additional expenses incurred in the execution by reason of the objection, and costs of the objection proceedings, and the execution shall proceed.

(5) If the objector claims not owership of the property, but an interest therein, the Court may order sale thereof or may make such other order as is just.




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