Code of Organization and Civil Procedure (Cap. 12), article 836

836. (1) Without prejudice to any other right under this or any other law, the person against whom any precautiona ry act has be en issued, may make an application to the court issuing the precautionary act, or, if a cause has been instituted, may make an application to the court hearin g such cause, praying that the precautionary act be revoked, either totally or partially, on a ny of the following grounds: (a) that the precautionary act ceased to be in force; (b) that any one of the conditions requested by law for the issue of the precautionary act does not in fact subsist; (c) that other adequate security is available to satisfy the claim of the person at whose request a precautionary act was issued either by the issue of some other precautionary act or if such other security can to the satisfaction of the court adequately secure the claim; or (d) if it is shown that the amount claimed is not prima facie justified or is excessive; or (e) if the security provided is deemed by the court to be sufficient; or (f) if it is shown that in the circumstances it would be unreasonable to maintain in force the precautionary act in whole or in part, or that the precautionary act in whole or in part is no longer necessary or justifiable. (2) The person making the appli cation according to sub-article (1) shall, together with the application, file in writing all submissions to be made together with all documents in support o f the demand that is being filed. (3) The application, except for an y application in terms of sub- article (1)(a), shall be served on the opposite party who may, within seven days from the service, file a note containing all submiss ions to be made together with all documents in support of the demand that is being filed. (4) The court shall decide the application with urgency either in camera or after hearing the advocates of the parties, if it deems fit, provided that not more than one sitting may be fixed for s uch purpose. 228 CAP. 12.] CODE OF ORGANIZATION AND CIVIL PROCEDURE (5) No appeal and no challenge shall lie from a decree acceding to an application referred to in sub-article (1), and such decr ee shall be final and irrevocable, and except in the case contemplated i n sub-article (1)( a) a similar precau tionary act may not be issued in security of the claim against the person against whom the precautionary act so revoked was issued, unless in the applicat ion for the issue of such similar pr ecautionary act the applicant s tates that circumstances have arisen s ince the revocation of the prev ious precautionary act which justify the issue of a similar fresh precautionary act to that which has been revoked, and the provisions of this article shall thereupon apply to such precautionary act fresh ly issued on the basi s of such applicati on. (6) The provisions of article 831(4) shall apply to the decree issued under sub-article (1)( a). (7) Notwithstanding that adequate security for the satisfaction of the claim of the person at whose request the precautionary a ct was issued is deposited in the registry of the court, the court which issued the counter-warrant under the provisions of this article may still, on a request made by appl ication by any interested perso n, investigate the legality or othe rwise of the relative precautio nary act and the court may also order the reduction of the amount of security deposited or declare th e precautionary act to be contr ary to law, in which latter case it shall give such orders as it may d eem appropriate, including, if the case so warrants, the giving of the security back t o the debtor. (8) The court may condemn the applicant at whose request a precautionary act was issued to pay a penalty of not less than one thousand and one hundred and sixty-four euro and sixty-nine cen ts (1,164.69) and not more than six thousand and nine hundred and eighty-eight euro and twelve cents (6,988.12) in favour of the person against whom the precautionary a ct was issued, in each of the following cases: (a) if the applicant, without any valid reason, does not bring the action in respect o f the claim, within the time established by law; (b) if, on demand of the defendant for the rescission of the precautionary act, the plaintiff fails to show that the precautionary act had to be i ssued or that within the fifteen days previous to the application for the precautionary act, he had in any manner called upon the defendant to pay the debt, or, if the debt be not a liquidated debt, to provide sufficient security: Provided that the provisions of this paragraph shall not apply where it is shown that there were reasons of urgency for the issue of the warrant; (c) if the circumstances of the debtor were such as not to give rise to any reasonable doubt as to his solvency and as to his financial ability to meet the claims of the applicant, and such state of the debtor were notorious; (d) if applicant’s claim is malicious, frivolous or vexatious. (9) In the case under the previous sub-article, the court at the CODE OF ORGANIZATION AND CIVIL PROCEDURE [CAP. 12. 229 request, by application, of the person against whom the precautionary act was issued ma y condemn the applicant at whose request the precautionary warrant was issued to pay such damage s as may have been caused by the i ssue of the warrant, and in any such proceedings the court shall refer to, and make use of, the records of the proceedings of th e precautionary act and of any other proceedings arising therefrom or consequential thereto, and suc h records shall be admissible evid ence for the purposes of this a ction. Precautionary acts which may not be issued by inferior courts. Amended by: XI.1859.36; I.1880.4; XV .1913.157; XXIII.1971.28; L.N. 148 of 1975; XII.1985.17; VIII.1990.3; XXIV .1995.312; XV .2008.29. XI.2018. 26.