28Relief of judgment debtors

#### 28 Relief of judgment debtors 28 Relief of judgment debtors (cf Act No 48, 1930, s 14) > > (1) Where the Supreme Court or any other court has given judgment or made an order for the payment by any person to any other person of a sum of money, and such court is satisfied that immediate payment of the whole or part of the money would inflict great hardship on the person adjudged or ordered to pay the money by reason of the operation of this Act or any enactment repealed by this Act upon his property or investments, or upon the realization thereof, or by reason of any other cause whatsoever which such court in the circumstances of the case deems sufficient, such court may, at the time of the entry of judgment or the making of the order or subsequently thereto, upon the application of the person adjudged or ordered to pay the money, in its discretion, if in all the circumstances it thinks it desirable so to do, order that the payment of the whole or part of the sum of money in question shall be deferred until such time and upon such conditions as such court thinks fit. > > > > A default judgment shall be deemed to be an order of the court. > > > (2) An order may be made under this section in respect of judgments or orders for the payment of money given or made by any court before the commencement of this Act as well as in respect of judgments or orders given or made after the commencement of this Act. > > > > In any case where after the commencement of this Act proceedings are instituted against a person in any court for debt or damages or for an order for the payment of money, such person may at any time after the writ, summons, or other originating process has been served on him make an application under this section, and such application shall take effect as from the date of any judgment or order that may be made in the proceedings against him. No such application shall be taken or construed as an admission of liability by such person. > > > (3) An application under this section shall operate as a stay of proceedings upon the judgment until the hearing of the application. > > > (4) The court may rescind or vary any decision or order previously made by it. > > > (5) (Repealed) > > **s 28:** Am 2007 No 94, Sch 1.69 \[2\].