Cap. 12 Art. 266Provisional enforcement of judgmentsbyorder of the court.

(1) Except in the cases mentioned in article 267, a judgment which does not constitute a res judicata shall not be enforceable unless, on the demand of the interested party, such judgment has been declared by the court to be provisionally enforceable.

(2) Such demand shall be made by means of an application which shall be served on the opposite party who shall be entitled to file an answer thereto within two working days.

(3) The court of first instance shall, after summarily hearing the parties, dispose of the application as soon as may be after the filing thereof:

Provided that -

(a) if the application is filed before the delivery of the judgment, the court of first instance shall dispose of the application as soon as may be after such judgment is delivered; and

(b) if, on appeal from the judgment of the court of first instance, the lodging of the record of the proceedings before the appellate court takes place prior to the disposal of the application by the court of the first instance, such application shall be dealt with and disposed of by the appellate court, and, in any such case, if the answer to the application has not been filed prior to such lodging, it shall be filed in the appellate court.

(4) Where the court of first instance has declared a judgment to be provisionally enforceable, the appellate court may, at any time before delivering judgment, on the application of the interested party, confirm, vary or revoke the decision.

(5) The provisions of sub-article (2) shall apply to any application filed under the last foregoing sub-article.

(6) Where a demand for a declaration under sub-article (1) is not made to the court of first instance, such demand may be made to the appellate court at any time prior to the delivery of the judgment on appeal.

(7) The court shall declare the judgment to be provisionally enforceable if it is satisfied that delay in the execution of the judgment is likely to cause greater prejudice to the party demanding a declaration under sub-article (1) than such execution would cause to the opposite party.

(8) The party against whom execution of a judgment declared provisionally enforceable under this article is sued out, shall, in case of reversal or variation of such judgment, be entitled to damages and interest.

(9) The court before which the record of the proceedings relating to a judgment declared provisionally enforceable under this article is for the time being lodged, may at any time order the party entitled to the execution of such judgment to give to the opposite party sufficient security for the payment of the damages and interest which may become due under sub-article (8).

(10) Where a judgment has been declared provisionally enforceable under this article, its execution shall be stayed if the interested party gives sufficient security for the execution of the judgment on its becoming including, where the matter res judicata, refers to the payment of moneys, security for the payment of interest, and, where the matter refers to other things, security to make good any damage which may be caused thereto through his negligence or fault and to restore any fruits derived therefrom.

(11) If any question arises as to the sufficiency of the security tendered under sub-article (10), the court may give such directions as it may deem proper as to whether the execution of the judgment should be suspended until such question is decided by another judgment constituting a res judicata.

(12) In this article the expression "court of first instance" shall be construed as if it included a reference to the Rent Regulation Board.