Code of Organization and Civil Procedure (Cap. 12)

Code of Organization and Civil Procedure (Cap. 12), article 384A

Official PDF on legislation.mt

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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Text read from the consolidated PDF published by Legislation Malta. Tables, figures and marginal notes may be incomplete or out of place: the official PDF is authoritative. General information, not legal, tax or accounting advice.