Revised Laws of Saint Lucia (2023)

40H.   Restrictions relating to a restraining order

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    (1)   Where the Court makes a restraining order—

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      (a)     no distress may be levied against any property which is specified in the restraining order except with the leave of the Court and subject to any terms the Court imposes; and

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      (b)     if the restraining order applies to a tenancy of any premises, no landlord or other person to whom rent is payable may exercise a right of forfeiture by peaceable re-entry in relation to the premises in respect of a failure by the tenant to comply with a term or condition of the tenancy, except with the leave of the Court and subject to the terms the Court imposes.

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    (2)   Where proceedings are pending before the Court in respect of property and the Court is satisfied that a restraining order has been applied for or made in respect of the property, the Court may stay the proceedings or allow the proceedings to continue.

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    (3)   Before exercising a power under section 40G, the Court shall give an opportunity to make a representation to—

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      (a)     the Director of Public Prosecutions; and

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      (b)     a receiver appointed in respect of the property.

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    (Inserted by Act 18 of 2023)

External Orders