Where the value of the attached property is significantly higher than the amount of the debt, the
distrainee debtor may obtain an order from the competent court to stay the proceedings in relation
to one or more parts of the immovable property named in the summons; the application for such
order shall not stay the publication of the summons.
Before the deposit of the terms of reference, the application shall be made before the competent
court by a simple exchange of submissions between counsels; after the deposit of the terms of
reference, the application shall be made by way of a statement received as prescribed in Article
272 below.
To support his application, the debtor shall show proof that the value of the property which is
the subject of the proceedings shall suffice to pay off the distrainor creditor and all the registered
creditors.
The application shall be determined at the contingent hearing. The decision of the court granting
the stay of proceedings shall indicate the property in relation to which proceedings shall be
discontinued.
Where the proceeds of the property sold are not enough to pay off the creditor, the creditor may
resume the proceedings in relation to the property which was provisionally exempted.
Official translation
Spot-checked
In force from 10 April 1998
Source page 70
Section 264 of the Acte uniforme portant organisation des procédures simplifiées de recouvrement et des voies d'exécution/akn/ohada/act/loi/undated/aupsrve-1998