When the claimant seeks to enforce a court decision and the defendant fails to voluntarily comply with the provisions of that judgment, it becomes necessary to commence enforcement proceedings. The courts sets aside the opposition of the defendant and orders the bringing about of those acts that will ensure the judgment of the court is respected. The need for enforcement procedure may also arise in cases where there has been a breach of inter party agreements to which legislation grants the equivalent status of a court judgment.
The Civil Procedure Act (CPA) lays down a single form of ordinary enforcement procedure which governs the execution of whatever order, whether it is judicial or extrajudicial.
- Ordinary Enforcement Procedure
- The enforcement of mortgaged and pledged assets
- The enforcement of foreign judgments
- Interim Relief