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Section 30: Change in conditions of sale

Sale Of Immovable Property Act · PART I: SEIZURE OF IMMOVABLE PROPERTY

consolidated text (as at 2018, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.

30. Change in conditions of sale (1) Where an inscribed creditor or the execution debtor desires that the memorandum of charges, as drawn up by the attorney who has the carriage of the proceedings, be amended in any way, he may apply, by petition, to the Master not less than 21 days (unless cause is shown to the satisfaction of the Master for entertaining an application made after that period of 21 days) before the day fixed for the sale, to appoint a day for the appearance of the parties before him. (2) The execution creditor shall be made a party to the proceedings under subsection (1), together with the execution debtor (unless the application is made by him) and any other party the Master thinks proper to join. (3) The petition with the Master’s order shall be— (a) served on the parties named in it 5 days before the day fixed for hearing; and (b) made known to the creditors by an advertisement in 3 daily newspapers, specifying the desired amendment and informing them that they have the right, if they think fit, to appear before the Master, on the day appointed by him, for the purpose of opposing the amendment. (4) A creditor who appears shall do so at his own cost, unless the Master, on dismissing the application, orders the applicant to pay the costs of that creditor. (5) The costs of the application shall, unless ordered otherwise, be borne by the unsuccessful party, and shall not be considered as costs of sale.

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