Section 26: Examination of judgment debtor

26. Examination of judgment debtor (1) Any person who has obtained a judgment or order in the Supreme Court may, in every case where he has good and substantial reason to believe that his debtor has the means of paying him but wilfully refuses to do so, make an affidavit of the facts and apply to a Judge for an order calling the debtor to be examined before the Court. (2) Where the Judge thinks that such order ought to be granted, he shall issue the order, which shall be served personally by an usher and the debtor shall be bound to appear before the Court on the day appointed in the order. (3) The debtor shall be examined before the Court about his property, and witnesses may, by leave of the Court, be heard on the side of the debtor or of the creditor. C55 – 3 [Issue 4] Courts (Civil Procedure) Act (4) Where the debtor— (a) does not attend the first or any subsequent sitting of the Court; (b) refuses to disclose any fact on which he is examined; (c) does, in the opinion of the Court, have the means to pay the debt, including payment by instalments; or (d) has, in the opinion of the Court, secreted or disposed of any of his property in such a manner as to defraud his creditor, the Court may make such order as it thinks fit to satisfy the debt, including an order that any property of the debtor or any amount due or likely to be due to him shall be attached in the hands of the debtor or in those of any other person and be available to satisfy the debt. (5) Any person who, after having been served with an order pursuant to subsection (2), secretes or disposes of any of his property in such a manner as to defraud his creditor shall commit an offence and shall, on conviction, be liable to imprisonment for a term not exceeding 2 years. [S. 26 amended by s. 3 (b) of Act 27 of 2006 w.e.f. 18 December 2006.] 27. – 32. — [Ss. 27 to 32 repealed by s. 3 (a) of Act 27 of 2006 w.e.f. 18 December 2006.] 33. — 34. – 36. — [Ss. 34 to 36 repealed by s. 3 (a) of Act 27 of 2006 w.e.f. 18 December 2006.] 37. —