JAMES FROM PORTLAND writes to find out what can be done to enforce the order of the court where he said: "I am the landlord of Mr. AK on whom I served a notice and took to court for recovery of possession."
The Resident Magistrate for the parish made an order for recovery of possession but two months after AK was ordered to leave the premises he is still there. He did not secure an order for extension. What can I do to get this man out of my house? James also fears that his tenant who he described as a 'stubborn man' may not wish to come out of the house.
The advice to James is that further steps can be taken by him to enforce the order of the court to recover the premises ordered by the Resident Magistrate to be delivered to him. James may apply to the Court for a Warrant of Possession (Order XXll, Rules 36 to 39 of the Resident Magistrate's Rules). Rule 38 provides: "Where an action to recover land judgement has been obtained for the recovery of possession and costs, there may be either one warrant or separate warrants of execution for the recovery of possession and for the costs at the election of the plaintiff."
REMOVING TENANT
When this warrant is issued, the bailiff will be empowered to have the tenant removed from the premises but if there is continued disobedience after the action of the bailiff it might be useful for James to look at his options under the Resident Magistrate's Court Rules (Order XXll, Rule 32), which provides that "Where a breach has been committed of an order in the nature of an injunction or any other order, interlocutory or otherwise, within the competence of the Court which could in the Supreme Court be enforced by attachment of the person or committal, the party entitled to the benefit of the order shall, if desirous of obtaining an order of attachment, make an application to the clerk."
So the first step requires that James, the party entitled to the benefit of the order to make an application to the clerk. Of course, James may secure guidance from the clerk of the Resident Magistrate's Court. The clerk is then required to prepare and issue a copy of the order that James wishes to be enforced and have it sealed with the seal of the court and endorsed with a notice (form 203 of the Rules) to the effect that "Unless you obey the directions contained in this order, you will be liable to be committed to prison," The copy so endorsed must be served by James on the tenant or alternatively the bailiff may be asked to effect the service on the tenant.
If the order is obeyed, that is the end of the matter but if the order is not obeyed, James may make a further application to the clerk who shall "issue for service a notice (Form 204 of the Rules) under the seal of the court requiring the person who has failed to obey the order of the court to appear at a court to show cause why he should not be committed for his contempt in neglecting to obey such order." The anotice must be served personally or in any other manner allowed by the court.
On the day the matter is set for hearing, the Judge after satisfying himself as to the service of the documents mentioned above and the continued disobedience of the tenant may order a warrant of attachment to issue.
Keith N. Bishop is an attorney-at-law and partner in the law firm of Bishop & Fullerton. He may be contacted by email at:
knb@bishopfullerton.com.
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