In a recent case, the Supreme Court upheld a lower-court
judgment to dismiss an application under Order 40(8) of the Civil
Procedural Rules requesting enforcement measures 18-and-a-half
years after an initial judgment had been handed
down.(1)
However, the appeal was dismissed on two grounds. First, the
debt had not been established and second, there had been such a
long delay in applying for the adoption of the enforcement
measures.
Facts
On 31 May 1993 the appellants secured a judgment against the
respondents (Action 679/1992), jointly and separately, for
C£18,432 plus interest at 6% per annum and costs. This action
concerned a car loan agreement. The first respondent was also
ordered to hand over the vehicle in question to the appellants for
sale by public auction.
