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What is the difference between arrest before judgment and attachment before judgment?



(1). Arrest before judgment arises in the circumstances provided for under Order XXXVI, Rule 1 of the Civil Procedure Act. These are: 

(a).Where defendant with intent to delay the Plaintiff or to avoid any process of the Court or to obstruct or delay execution of any decree that may be passed against him does any of the act enumerated under Rule 1(a)(i) – (iii) e.g. absconds or leaves the local limits of the jurisdiction of the court; or

(b). Where he is about to leave the country under circumstances which are likely that the judgment or decree may be passed against him will be obstructed or delayed. 

(2). In arrest before judgment, the defendant is arrested and required by Court to show cause why he should furnish security for his appearance. Note: If he fails to show cause, he will be required to deposit in Court money or other property sufficient to answer the claim against him or to furnish security for his appearance pending determination of the suit and till satisfaction of any Decree passed against him. see Rule 30, Order XXXVI of the Civil Procedure Act. 

(3). And as for attachment before judgment the same arises in circumstances provided under rule 6(1) of Order XXXVI. 

A defendant is the Rule called to furnish security for production of the property. Attachment before judgment arises where; the defendant with intent to obstruct or delay execution of decree that may be passed against him; 

a). Wants to dispose the whole or any part of his property; or 

b). Wants to remove the whole property or any part of his property from the local limits of jurisdiction of the Court. Briefly thus; the difference between arrest before judgment and attachment before judgment is that, in arrest before judgment Rule 1 of Order XXXVI provides for the situation where the defendant may be called upon to furnish security for his appearance before the Court, whereas; the attachment before judgment the provision of Rule 6, Order XXXVI provides for situations where the defendant may be called upon to furnish security for production of property.

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