5Power of Court or judge to vacate judgments

5 Power of Court or judge to vacate judgments

[Section 5 Amended by No. 36 of 1958 ]

(1)  When any final judgment shall have been signed under the provisions hereinbefore contained, it shall be lawful for the Supreme Court, or any judge thereof, whether execution shall have been issued upon such judgment or not, to order satisfaction to be entered upon such judgment.

(2)  No order shall be made under subsection (1) except upon a rule nisi or summons calling upon the Attorney-General to show cause, nor unless it shall be proved by affidavit to the satisfaction of such Court or judge either that the said judgment has been satisfied, or that, according to equity and good conscience and the real merits and justice of the case, the defendant ought not to be required to satisfy the same.