The higher bid shall be filed at the registry of the court which ordered the sale or before the
named notary public either by the higher bidder himself or through counsel who shall act on his
behalf. It shall be entered without delay in the register kept for terms of reference.
The higher bidder or his counsel shall be required to disclose the higher bid within five days of
the declaration, to the person to whom the property was adjudicated, the pursing creditor and to
the distrainee.
The disclosure shall be entered in the register kept for terms of reference within a period of five
days.
Where the higher bidder fails to make the disclose or to enter same in the register kept for terms
of reference within the time limit, the pursing creditor and the distrainee or any creditor who
has been registered or summoned may make the disclosure and enter same in the said register
within five days of expiry of the afore mentioned time limit; the costs shall be borne by the
negligent higher bidder.
The disclosure shall be made by extra judicial act without the obligation to collect a copy of the
declaration of the higher bid.
The act shall give the date of the contingent hearing during which objections relating to the
validity of the higher bid shall be heard.
The hearing may not be scheduled before the expiry of a period not exceeding twenty (20) days
from the date of disclosure.
It shall also give the date of the new auction sale, which may not take place earlier than thirty
(30) days from the date of the contingent hearing.
Official translation
Spot-checked
In force from 10 April 1998
Source page 77
Section 288 of the Acte uniforme portant organisation des procédures simplifiées de recouvrement et des voies d'exécution/akn/ohada/act/loi/undated/aupsrve-1998