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Uniform Civil Procedure Rules 2005
Current version for 9 April 2020 to date (accessed 15 August 2020 at 12:19)
39.6 Order in which property to be sold
(cf SCR Part 45, rule 4; Act No 9 1973, section 110; Act No 11 1970, section 62A)
(1) If it appears to the Sheriff that the value of the property affected by a writ for the levy of property is greater than the amount outstanding under the judgment debt, the Sheriff may not cause to be sold any more of the property than is sufficient to satisfy the judgment.(2) Subject to subrule (3), property is to be sold—(a) in such order as seems to the Sheriff best for the speedy satisfaction of the judgment without undue expense, and(b) subject to paragraph (a), in such order as the judgment debtor may direct, and(c) subject to paragraphs (a) and (b), in such order as seems to the Sheriff best for minimising hardship to the judgment debtor or any other person.(3) Land must not be sold before any other property unless—(a) the judgment debtor so requests, or(b) the Sheriff is satisfied that the land should be sold before the other property in order to minimise hardship to the judgment debtor or some other person.