Code of Organization and Civil Procedure (Cap. 12), article 266

266. (1) Except in the cases mentioned in article 267, a judgment which does not constitute a res judicata shall not be enforceable unless, on the demand of the interested party, such judgment has been declared by the court to be provisionally enforceable. (2) Such demand shall be made by means of an application which shall be served on the oppos ite party who shall be entitl ed to file an answer thereto w ithin two working days. (3) The court of first instance shall, after summarily hearing the parties, dispose of the app lication as soon as may be after the filing thereof: Provided that - (a) if the application is filed before the delivery of the judgment, the court of first instance shall dispose of CODE OF ORGANIZATION AND CIVIL PROCEDURE [CAP. 12. 87 the application as soon as may be after such judgment is delivered; and (b) if, on appeal from the judgment of the court of first instance, the lodging of the record of the proceedings before the appellate court takes place prior to the disposal of the application by the court of the first instance, such applicatio n shall be dealt with and disposed of by the appellate court, and, in any such case, if the answer to the application has not been filed prior to such lodging, it shall be filed in the appellate court. (4) Where the court of first inst ance has declared a judgment to be provisionally enforceable, the appellate court may, at any t ime before delivering judgment, on the application of the intereste d party, confirm, vary or revoke the decision. (5) The provisions of sub-article (2) shall apply to any application filed under the last foregoing sub-article. (6) Where a demand for a declar ation under sub-article (1) is not made to the court of first instance, such demand may be mad e to the appellate court at any time prior to the delivery of the judgment on appeal. (7) The court shall declare the judgment to be provisionally enforceable if it is satisfied that delay in the execution of t he judgment is likely to cause greater prejudice to the party demanding a declaration under sub-article (1) than such execution would cause to the opposite party. (8) The party against whom ex ecution of a judgment declared provisionally enforceable under this article is sued out, shall , in case of reversal or variation of such judgment, be entitled to damages and interest. (9) The court before which th e record of the proceedings relating to a judgment declared provisionally enforceable under this article is for the time being l odged, may at any time order the party entitled to the execution of such judgment to give to the oppos ite party sufficient security for the payment of the damages and interest which may become due under sub-article (8). (10) Where a judgment has b een declared provisionally enforceable under this article, i ts execution shall be stayed i f the interested party gives sufficient security for the execution of the judgment on its becoming res judicata , including, where the matter refers to the payment of moneys, security for the payment of interest, and, where the matter refers to other things, securit y to make good any damage which may be caused thereto through his negligence or fault and to restor e any fruits derived therefrom . (11) If any question arises as to the sufficiency of the securit y tendered under sub-article (10), the court may give such direct ions as it may deem proper as to whether the execution of the judgme nt should be suspended until such question is decided by another judgment constituting a res judicata . 88 CAP. 12.] CODE OF ORGANIZATION AND CIVIL PROCEDURE (12) In this article the expressi on "court of first instance" sh all be construed as if it included a reference to the Rent Regulati on Board. Provisional enforcement by operation of law. Substituted by: XXII.1963.4. Amended by: XXIV .1995.133.