Finance Leasing Act 2000 · As enacted · Part II · Duties of Lessors, LessuEs AND SUPPLIERS
28. Recovery of possession through court,
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Where a lessor fails to recover possession of an equipment under section 27, or where a lessor has reasonable grounds to believe that it is impracticable to obtain possession under that section, the lessor may make an application to the
equipment
“equipment” means any tangible asset which has an economically useful life of more than one year and does not include land, any improvements made to land other than fixtures or immovable property attached to land which can be removed from the land without substantial destruction to such fixture or immovable property;
District Court within whose jurisdiction the finance lease had been entered into, for an order of possession of the equipment.
An application under subsection (1), shall be made by way of petition and affidavit to which the lessee shall be made a respondent, and which shall contain the following information —
lessee
“lessee”, in relation to a fiance lease, means a person who acquires a right to possession and use of an equipment under the lease;
the date of the finance Iease ;
the payments, if any, made under the lease ; and
the circumstances constituting the default by the lessee.
The petition shall be accompanied by a certified copy of the finance Tease.
The District Court on consideration of the petition and affidavit and the documents attached thereto, and being satisfied that the petitioner is prima facie entitled to obtain possession of the equipment, shall make an interim order of
Possession compelling the respondent to deliver possession of the equipment to the petitioner,
A copy of the interim order made under subsection
(-4) shall be served on the respondent and—
where the respondent fails to show sufficient cause within lourteen days after the service of the order as to why the order should not be made permanent, the court shall make the order permanent ; er
where the respondent shows sufficient cause within fourteen days aller the service of the order as to why the order should not be made permanent, the court shall set aside the interim order.
A permanent order made under subsection (5), shall be executed in the same manner as if it were a decree for the recovery of movable property.