Any disputes arising from an attachment and sale shall be brought before the court of the place of the attachment.
Any creditor who fulfills the conditions provided for by Article 91 of the Uniform Act of the OHADA Law may join in an attachment which has already been executed against the property of the debtor by means of an opposition, by proceeding where necessary with a further attachment. No opposition may be admissible after the property has been verified.
The act of opposition shall, under pain of nullity, contain an indication of the writ of execution by virtue of which the opposition was made, a separate detailed account of the sums claimed in principal, costs and interest accrued, as well as an indication of the interest rate.
The act of opposition shall be served on the first distrainor creditor, unless the opposition is initiated by him, in order to make a new claim or extend the basis of the previous attachment. It shall also be served on the debtor.
The first distrainor creditor shall proceed with the sale alone.
Any opposing creditor may extent the initial attachment to other property. A report of an additional attachment shall be drawn up in accordance with the conditions set forth in Article s 100 to 102 of the OHADA Law.
The report shall be served on the first distrainor creditor as well as on the debtor. The right to proceed with a further sale may also be exercised by the first distrainor creditor.
Where during the attachment, the debtor provides the creditor with a report of a previous attachment, the creditor may file an opposition in accordance with the provisions of Article 131 of the OHADA Law. He may also carry out a further attachment forthwith in accordance with the provisions of Article s 100 to 102 of the OHADA Law.
A report of the further attachment shall be served on the first distrainor creditor alongside the act of opposition; both shall also be served on the debtor.
Where the initial attachment is extended, the forced sale of the property attached shall only be carried out upon the expiry of the deadlines provided for the private sale of the said property.
However, a forced sale may be carried out immediately on property for which the period prescribed for private sale has expired, either with the consent of the debtor or by order of the competent court, where the publication formalities were already complied with at the time of the opposition.
Where the first distrainor creditor fails to proceed with the formalities of the forced sale upon expiry of the prescribed deadlines, any opposing creditor shall request the first distrainor creditor to do so within a period of eight (8) days failing which he shall automatically be subrogated in the place of the first distrainor creditor.
The first distrainor creditor shall be discharged of his obligations. He shall be obliged to make available all relevant documents to the subrogee creditor.
The discharge of the attachment may be by a decision of the competent court or with the consent of the distrainor creditor and the opposing creditors.
Where the nullity of the first attachment results from a mere irregularity in the attachment process, such nullity shall not lead to the forfeiture of the oppositions. It shall have no bearing on further attachments and neither shall additional attachments be affected by it. Nullity of the first attachment shall not entail nullity of the opposition save where such nullity results from an irregularity in the execution of the writ of attachment.
The nullity shall not affect any further attachment.
Only distrainor or opposing creditors who had made known their claim before the verification of the attached property provided for in article s 124 of the OHADA Law and those who had taken out protective measures over the same property prior to the attachment, shall be allowed to enforce their rights on the proceeds of sale.