Code of Organization and Civil Procedure (Cap. 12)
Code of Organization and Civil Procedure (Cap. 12), article 384A
384A. (1) In the execution of any warrant of ejectment or
expulsion, on the demand of a lessor or a mortgagee, of the ope rator,
lessee or other occupants, including any members of their staff from
seagoing vessels or aircraft, the court executing officer shall enjoin the
operator, lessee or other occupants, including any members of t heir
staff to quit the vessel or airc raft indicated in the warrant i n favour of
the lessor or a mortgagee or his duly authorised representative within a
period of not less than four (4) and not more than eight (8) da ys. If the
operator, lessee or other occupants, including any members of t heir
staff do not quit the vessel or a ircraft indicated in the warra nt at the
expiration of such period, the court executing officer shall en sure that
the operator, lessee or other o ccupants, including any members of their
staff are removed from the vesse l or aircraft concerned, which shall
also be cleared of all thi ngs belonging to such persons.
(2) The vessel or aircraft indicated in the warrant shall be
detained in Malta for the purpos es of the execution of a warran t of
ejectment or expulsion and insofar as the detention of the vess el or
aircraft is concerned, the provi sions of article 388C for vesse ls and
118 CAP. 12.] CODE OF ORGANIZATION AND CIVIL PROCEDURE
article 388E for airc raft shall apply, mutatis mutandis .
Amended by:
XIV .2006.69.
Sub-title VIII
OF THE WARRANT IN FACTUM
Warrant in factum.
Amended by:
XXIV .1995.182.
Substituted by:
XXXI.2002.146;
XIV .2006.70.
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