The annulment of an attachment arising from a defect in form or substance, other than the claim
that the attached property cannot be distrained, may be applied for by the debtor up to the time
of sale of the attached property.
The distrainor creditor shall join the opposing creditors in the action.
Where the attachment is declared a nullity prior to the sale, the debtor may apply for the
restitution of the attached property where it is in the possession of a third party without prejudice
to any action for damages in accordance with the provisions of the common law.
Where the attachment is declared a nullity after the sale, but prior to the distribution of the
proceeds, the debtor may apply for the restitution of the proceeds of sale.
Official translation
Spot-checked
In force from 10 April 1998
Source page 41
Section 144 of the Acte uniforme portant organisation des procédures simplifiées de recouvrement et des voies d'exécution/akn/ohada/act/loi/undated/aupsrve-1998