Code of Organization and Civil Procedure (Cap. 12), article 466

466. (1) Where the head of a government department or the person vested with the legal representation of a body corporate established by law or with the legal representation of any comp any or other body which has been authorised by or under any law to col lect any amounts due to a government department or to a body corpora te established by law, desires to sue for the recovery of a debt d ue to a government department or to any administration thereof or to a body corporate established by law, f or any services, supplies, penal ties, rent, ground rent, other burdens on property, compensation for occupa tion and or for any licence or other fee or tax due, he may make a declaration on oath before the r egistrar, a judge or a magistra te wherein he is to state the nature of the debt and the name of t he debtor and confirm that it is due: Provided that the provisions of this article shall also apply i n respect of amounts due for the supply of water and electricity and for the rental of the relative meters but they shall not apply wher e prior to the service required under sub-article (2) the person from whom the amount is claimed shall have notified the claimant either by me ans of a judicial act or by registered post that he is disputing the met ering, calculation or the charge in r espect of such supply or rental. (2) The declaration referred to in sub-article (1) shall be serv ed upon the debtor by means of a judicial act and it shall have th e same effect as a final judgment of the competent court unless t he debtor shall, within a period of twenty days from service upon him of the said declaration oppose the claim by filing an applicati on demanding that the court d eclare the claim unfounded. (3) The application filed in terms of sub-article (2) shall be served upon the head of department, who shall be entitled to fi le a reply within a period of twenty days. The court shall appoint t he application for hearing on a date after the lapse of that perio d. (4) In the cases of an urgent nature the court may, upon an application of the creditor or the debtor, shorten any time lim its 134 CAP. 12.] CODE OF ORGANIZATION AND CIVIL PROCEDURE provided for in this article by means of a decree to be served upon the other party. Opposition to proceedings under article 466. Amended by: XV .1913.99,100; VIII.1990.3. Substituted by: XXIV .1995.200. Amended by: XXII.2005.57.