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1108.   Orders of Court in cases other than for payment of money where no mode of enforcement prescribed

Revised Laws of Saint Lucia (2022)

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1108.   Orders of Court in cases other than for payment of money where no mode of enforcement prescribed

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    (1)   Where the Court has power under any enactment—

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      (a)     to require any person to do or to abstain from doing any act or thing other than the payment of money;

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      (b)     to require any act or thing to be done or left undone, other than the payment of money,

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    and no mode is prescribed for exercising the power, the Court may exercise its power by—

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      (i)     making an order with such conditions as to time or mode of action as the Court may think just to impose,

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      (ii)     suspending or rescinding any order it makes subject to any undertaking or condition as the Court may think just to impose, and generally by giving directions for giving effect to such power as the Court may deem fit.

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    (2)   Any person who defaults in complying with an order of the Court in relation to any matter under any enactment other than the payment of money, shall be punished in the manner prescribed by the enactment, or, if no punishment is prescribed, may, in the discretion of the Court, be ordered to pay a sum not exceeding $500 for every day during which he or she is in default or to be imprisoned until he or she has remedied his or her default.

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    (3)   A person in default of compliance with any conditions or directions of the Court to do or to abstain from doing any act or thing, is not liable under this section to the payment of sums amounting in the aggregate to more than $500 or to imprisonment for a term amounting in the aggregate to more than 3 months.

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    (4)   In making any order the Court under this section, may stipulate that, in default of the performance of the particular act enjoined by such order to be done, the defendant shall pay to the complainant the sum as the Court may award as a fair compensation to him or her for the default and direct that, in default of the payment of the sum, the defendant shall be imprisoned for any term not exceeding the term prescribed by this Code in respect of a like sum in the scale of imprisonment in default of payment of fines for summary offences.

Terms of Orders in Usual Cases

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