ORDER 12.-JUDGEMENTS AND ORDERS.
Division 1.-General.
1. General relief. (40/1)
The Court may, at any stage of any proceedings, on the application of any party, direct the entry of such judgement or make such order as the nature of the case requires, notwithstanding that the applicant does not make a claim for relief extending to that judgement or order in any originating process.
2. Written opinion. (40/2)
Where the Court directs the entry of any judgement or makes any order and the opinion of the Court is reduced to writing, it shall be sufficient to state orally the opinion of the Court, without stating the reasons for the opinion, but the written opinion shall be then given by delivering it to an associate or to the Registrar or to an officer of the Registry.
3. Date of effect. (40/3)
(1) Where a judgement is entered pursuant to a direction of the Court the judgement shall take effect as of the date of the direction.
(2) Where a judgement is entered otherwise than pursuant to a direction of the Court the judgement shall take effect as of the date of entry.
(3) Subject to Sub-rules (1) and (2), an order shall take effect as of the date on which it is made.
(4) Notwithstanding Sub-rules (1), (2) and (3), the Court may order that a judgement at order take effect as of a date earlier or later than the date fixed by those Sub-rules.
4. Time for compliance. (40/4)
(1) Subject to Sub-rules (3) and (4), a judgement or order which requires a person to do an act shall specify the time within which he is required to do the act.
(2) The time shall, unless the Court otherwise orders, be 14 days after the date of service of a minute of the judgement or order on the person required to do the act.
(3) Sub-rules (1) and (2) apply to a judgement or order which requires a person to pay money.
(4) Sub-rules (1) and (2) do not apply to a judgement for possession of land or for delivery of goods.
(5) Where a judgement or order requires a person to do an act within a specified time, the Court may, by order, require him to do the act within another specified time.
(6) Where a judgement or order requires a person to do an act but does not specify a time within which he is required to do the act, the Court may, by order, require him to do the act within a specified time.
5. Fine. (40/6)
(1) Where the Court imposes a fine, the Court shall order that the person on whom the fine is imposed pay the fine to the Registrar.
(2) The Registrar shall pay into the Consolidated Revenue Fund all moneys paid to him on account of any fine imposed by the Court.
6. Interest.
(1) Where the Court directs the entry of judgement for the payment of money and makes an order for the payment of interest under the Judicial Proceedings (Interest on Debts and Damages) Act 1962, interest shall, unless the order otherwise provides, be payable on so much only of the money as is from time to time unpaid.
(2) The rate of interest for the purposes of Sub-rule (1) is, subject to the Judicial Proceedings (Interest on Debts and Damages) Act 2015, 8% yearly.
7. Dismissal. (40/8)
(1) Where under these Rules the Court makes an order for the dismissal of proceedings or for the dismissal of proceedings so far as concerns the whole or any part of any claim for relief, the order for dismissal shall not, subject to any terms or conditions on which the order for dismissal is made, prevent the plaintiff or claimant from bringing fresh proceedings or claiming the same relief in fresh proceedings.
(2) Where -
(a) the Court makes an order for the dismissal of proceedings so far as concerns the whole or any part of any claim for relief by any party; and
(b) the Court orders that party to pay any costs; and
(c) before payment of the costs, that party brings against a party to whom the costs are payable further proceedings on the same or substantially the same cause of action as that on which that claim for relief was founded,
the Court may stay the further proceedings until those costs are paid.
8. Setting aside or varying judgement or order. (40/9)
(1) The Court may, on terms, set aside or vary a direction for entry of judgement where notice of motion for the setting aside or variation is filed before entry of the judgement.
(2) The Court may, on terms, set aside or vary a judgement -
(a) where the judgement has been entered pursuant to Order 12 Division 3 (default judgement); or
(b) where the judgement has been entered pursuant to a direction given in the absence of a party, whether or not the absent party had notice of trial or of any motion for the direction; or
(c) when the judgement has been entered in proceedings for possession of land pursuant to a direction given in the absence of a person and the Court decides to make an order that the person be added as a defendant.
(3) The Court may, on terms, set aside or vary an order -
(a) where the order has been made in the absence of a party, whether or not the absent party is in default of giving a notice of intention to defend or otherwise in default, and whether or not the absent party had notice of motion for the order; or
(b) where notice of motion for the setting aside or variation is filed before entry of the order.
(4) In addition to its powers under Sub-rules (1), (2) and (3), the Court may, on terms, set aside or vary any order (whether or not part of a judgement) except so far as the order determines any claim for relief or determines any question (whether of fact or law or both) arising on any claim for relief and excepting an order for dismissal of proceedings or for dismissal of proceedings so far as concerns the whole or any part of any claim for relief.
(5) This Rule does not affect any other power of the Court to set aside or vary a judgement or order.
9. Judicial notice of order. (40/10)
(1) In any proceedings the Court may take judicial notice of any order of the Court in the proceedings.
(2) In any proceedings, the Court may be informed of an order of the Court in the proceedings by (amongst other things) reference to a note made by the Judge making the order or by his associate or to a note made by the officer making the order.
Division 2.-Minutes and Entry.
10. Lodgement. (41/3)
Where the entry of a judgement or order is authorized, a party may lodge a draft minute of the judgement or order with the Registrar.
11. Summary settlement. (41/4)
Where a party lodges a draft minute of a judgement or order with the Registrar, the Registrar may settle the draft without an appointment for the attendance of the parties.
12. Appointment for settlement. (41/5)
(1) Subject to Rule 11, where a party lodges a draft minute of a judgement or order with the Registrar, the Registrar shall appoint a time and place for attendance of the parties on settlement of the minute and shall notify the appointment to the party lodging the draft minute.
(2) The party lodging the draft minute shall, not less than two days before the appointed date, serve notice of the appointment on the other party.
13. Procedure on appointment. (41/6)
(1) Where a party has been served with notice of an appointment to settle a draft minute of a judgement or order, but does not attend on the appointment, or where the party lodging the draft does not attend on the appointment, the Registrar may settle the draft minute in the absence of that party.
(2) The Registrar shall, on or after the appointment, settle the draft minute.
14. Settlement without lodgement. (41/7)
(1) Where the entry of a judgement or order is authorized, the Registrar may, subject to Sub-rule (3), draw and settle a minute of the judgement or order.
(2) The Registrar may exercise his powers under Sub-rule (1)-
(a) notwithstanding that no party has lodged a minute or draft minute with him; and
(b) without appointing any time or place for attendance of the parties on settlement.
(3) The Registrar shall not exercise his powers under Sub-rule (1) unless-
(a) the Court so directs; or
(b) a party so requests.
15. Signature. (41/8)
The Registrar shall, on settling a draft minute of a judgement or order, sign the draft or a fair copy of it.
16. Review. (41/9)
Where the Registrar has signed a minute of judgement or order, but the judgement or order has not been entered, the Court may review the minute and give such directions as it thinks fit for varying the form and content of the minute.
17. Authority for entry. (41/10)
(1) A judgement shall not be entered unless entry is authorized by these Rules or by a direction of the Court.
(2) Subject to Sub-rule (1), an order may be entered by authority of this Sub-rule and without any direction of the Court.
(3) The general form of judgement shall be as in Form 51.
18. Order; Where entry required. (41/11)
(1) An order shall be entered where -
(a) the order is made by the signing of a minute of the order; and
(b) a minute of the order is to be served; and
(c) the order is to be enforced; and
(d) there is an appeal from the order; and
(e) the Court so directs.
(2) Subject to Sub-rule (3) an order shall, unless the Court otherwise directs, be entered where some step is to be taken under the order.
(3) Sub-rule (2) does not apply to an order which (in addition to any provision as to costs) merely -
(a) makes an extension or abridgement of time; or
(b) grants leave or makes a direction -
(i) to amend any document other than a minute of a judgement or order; or
(ii) to file any document; or
(iii) to do any act to be done by an officer of the Court other than a solicitor; or
(c) gives directions concerning the conduct of proceedings.
(4) The general form of a minute of order shall be as in Form 52.
19. Time for entry after settlement. (41/12)
Where the Registrar has settled a minute of a judgement or order, the judgement or order shall not, unless the Court otherwise directs, be entered until seven days after the date on which the Registrar signs the minute.
20. Manner of entry. (41/13)
(1) Where the entry of a judgement or order is authorized, a party or, subject to Sub-rule (2) the Registrar, may enter the judgement or order by filing a minute of it signed by the Registrar or, in the case of an order, signed by the Judge or officer making the order.
(2) The Registrar shall not exercise his powers under Sub-rule (1) unless-
(a) the Court so directs; or
(b) a party so requests.
21. Sealing. (41/14)
On entry of a judgement or order, the Registrar shall seal the minute of the judgement or order with the seal of the Court.
22. Copies. (41/15)
(1) The Registrar shall, on payment of the prescribed fee, furnish to any party to any proceedings a certified or office copy of the minute of any judgement or order entered in the proceedings.
(2) The Registrar may, on payment of the prescribed fee, furnish to any person appearing to have a sufficient interest in any judgement or order entered in any proceedings a certified or office copy of the minute of the judgement or order.
23. Service. (41/16)
A minute of a judgement or order need not be served unless these Rules require service or the Court directs service.
Division 3.-Default Judgement.
24. Application of Division 3. (17/1)
This Division applies to proceedings commenced by writ of summons.
25. Default. (17/2)
A defendant shall be in default for the purposes of this Division-
(a) where the originating process bears a note under Order 4 Rule 9, and the time for him to comply has expired but he has not given the notice; or
(b) where he is required to file a defence and the time for him to his his defence has expired but he has not filed his defence; or
(c) where he is required under Order 8 Rule 24 to verify his defence and the time for him to verify his defence in accordance with that Rule has expired but he has not so verified his defence.
26. Procedure on default. (17/3)
Where a defendant is in default, the plaintiff may -
(a) take the steps mentioned in Rules 27 to 33 according to the nature of his claim for relief against the defendant in default; and
(b) carry on the proceedings against any other party to the proceedings.
27. Liquidated demand. (17/4)
(1) Where the plaintiff's claim for relief against a defendant in default is for a liquidated demand only, the plaintiff may enter judgement against that defendant for a sum not exceeding the sum claimed in the statement of claim on that demand and for costs.
(2) Where a claim for a liquidated demand includes interest at an unspecified rate, interest accruing after the date of filing the statement of claim to the date of entry of judgement shall, for the purposes of judgement under this Division be reckoned at the rate of 8% yearly.
28. Unliquidated damages. (17/5)
Where the plaintiff's claim for relief against a defendant in default is for unliquidated damages only, the plaintiff may enter judgement against that defendant for damages to be assessed and for costs.
29. Detinue. (17/6)
Where the plaintiff's claim for relief against a defendant in default relates to the detention of goods only, the plaintiff may enter judgement against that defendant, within the limits of the plaintiff's claim for relief, either-
(a) for delivery of the goods or their value to be assessed and for costs; or
(b) for the value of the goods to be assessed and for costs,
at the option of the plaintiff.
30. Possession of land. (17/7)
(1) Where the plaintiff's claim for relief against a defendant in default is for possession of land only, the plaintiff may, subject to this Rule, enter judgement for possession of the land as against that defendant and for costs.
(2) A plaintiff shall not enter judgement under Sub-rule (1) unless he files an affidavit-
(a) showing whether any and, if so, what persons, other than parties to the proceedings were, on the date of filing the statement of claim, in occupation of the whole or any part of the land; and
(b) proving, as to each of those persons (other than any person whose occupation he does not seek to disturb), either that the writ of summons and a notice pursuant to Order 4 Rule 14 has been served on him on a date not less than 10 days before the date on which the plaintiff seeks to enter judgement, or that he has ceased to be in occupation of any part of the land.
(3) Where, before entry of judgement under Sub-rule (1), any person has filed notice of motion for his addition as a defendant, a plaintiff shall not enter judgement under that Sub-rule until the motion is disposed of.
(4) Where a plaintiff claims possession of land against more than one defendant, judgement entered under this Division shall not, unless the Court otherwise orders, be enforced against any defendant until judgement for possession of the land is entered against each defendant against whom the claim is made.
31. Mixed claims. (17/8)
Where the plaintiff's claim for relief against a defendant in default includes two or more of the claims for relief mentioned in Rules 27 to 30, and no other claim, the plaintiff may enter such judgement against that defendant on any of those claims for relief as he would be entitled to enter under those Rules if that were the plaintiff s only claim for relief against that defendant.
32. General. (17/9)
(1) Whatever claims for relief are made by a plaintiff, where a defendant is in default, the Court may, on application by the plaintiff, direct the entry of such judgement against that defendant as the plaintiff appears to be entitled to on his writ of summons.
(2) Notwithstanding Sub-rule (1), the Court shall not, under that Sub-rule, direct the entry of judgement for the possession of land unless satisfied of the matters mentioned in Rule 30(2) and (4).
33. Judgement for costs alone. (17/10)
(1) Where, under any of Rules 27 to 31 a plaintiff is entitled to enter judgement against a defendant in default for any relief and for costs, but it appears by affidavit that by reason of the defendant having satisfied the claims of the plaintiff it is unnecessary for the plaintiff to continue the proceedings against that defendant, the plaintiff may enter judgement against that defendant for costs alone.
(2) Whatever claims for relief are made by a plaintiff, where a defendant satisfies the claims of the plaintiff or complies with the demands of the plaintiff or for some other reason it becomes unnecessary for the plaintiff to continue the proceedings against that defendant, but the defendant is in default, the Court may, on application by the plaintiff, direct the entry of judgement against that defendant for costs.
(3) Order 6 Rule 14 (service by filing) does not apply to service of notice of a motion for judgement under Sub-rule (2).
34. Proof of service of writ.
Judgement shall not be entered against a defendant under this Division unless-
(a) an affidavit is filed by or on behalf of the plaintiff proving due service of the writ of summons or notice of the writ on the defendant; or
(b) the plaintiff produces the writ of summons endorsed by the defendants solicitor with a statement that he accepts service of the writ on the defendant's behalf,
and an affidavit is filed by or on behalf of the plaintiff proving the default of the defendant on which the plaintiff relies.
35. Setting aside judgement.
The Court may, on such terms as it thinks just, set aside or vary a judgement entered in pursuance of this Division.
36. Other claims.
(1) Where a writ of summons is endorsed with a claim of a description not mentioned in this Division and a defendant against whom the claim is made has not given notice of his intention to defend, the plaintiff may, after the time limited for giving notice of intention to defend and on filing an affidavit proving due service of the writ or notice of the writ on that defendant, proceed with the action as if that defendant had given notice of intention to defend.
(2) Where a writ of summons is endorsed with a claim of a description not mentioned in this Division but by reason of the defendant having satisfied the claims, or complied with the demands, of the plaintiff or any other like reason it has become unnecessary for the plaintiff to proceed with the action against that defendant, the plaintiff may, after the time limited for giving notice of intention to defend, apply to the Court by motion for leave to enter judgement against that defendant for costs.
(3) Order 6 Rule 14 does not apply to service of a notice of motion for leave to enter judgement under Sub-rule (2).
Division 4.-Summary Disposal.
37. Application of Division 4. (13/1)
This Division applies to all proceedings except proceedings which include
(a) a claim by the plaintiff for libel, slander, malicious prosecution, false imprisonment, seduction or breach of promise of marriage; or
(b) a claim by the plaintiff based on an allegation of fraud; or
(c) a claim for damages arising in respect of the death of any person or in respect of personal injuries to any person.
38. Summary judgement. (13/2)
(1) Where, on application by the plaintiff in relation to any claim for relief or any part of any claim for relief of the plaintiff-
(a) there is evidence of the facts on which the claim or part is based; and
(b) there is evidence given by the plaintiff or by some responsible person that, in the belief of the person giving the evidence, the defendant has no defence to the claim or part, or no defence except as to the amount of any damages claimed,
the Court may, by order, direct the entry of such judgement for the plaintiff on that claim or part, as the nature of the case requires.
(2) Without limiting Sub-rule (1), the Court may under that Sub-rule direct the entry of judgement for the plaintiff for damages to be assessed.
(3) In this rule, damages includes the value of goods.
39. Cross-claim. (13/3)
(1) A party may apply under this Division notwithstanding that, by Rule 37 this Division does not apply to the proceedings in relation to a claim made by some other party.
(2) Where the Court directs the entry of judgement against a party under this Division, and that party claims relief against the party obtaining the direction, the Court may, on terms, stay execution on, or other enforcement of, the judgement until determination of the claim by the party against whom the judgement is directed to be entered.
40. Frivolity, etc. (13/5)
(1) Where in any proceedings it appears to the Court that in relation to the proceedings generally or in relation to any claim for relief in the proceedings -
(a) no reasonable cause of action is disclosed; or
(b) the proceedings are frivolous or vexatious; or
(c) the proceedings are an abuse of the process of the Court,
the Court may order that the proceedings be stayed or dismissed generally or in relation to any claim for relief in the proceedings.
(2) The Court may receive evidence on the hearing of an application for an order under Sub-rule (1).
41. Residue of proceedings. (13/6) Where, in any proceedings-
(a) a party applies under this Division for -
(i) a direction for entry of judgement under Rules 38 or 39; or
(ii) an order for stay or dismissal under Rule 40; and
(b) the proceedings are not wholly disposed of by judgement or dismissal or the proceedings are not wholly stayed,
the proceedings -
(c) may be continued as regards any claim or part of a claim not disposed of by judgement or dismissal and not stayed; and
(d) if commenced by writ of summons-shall, on the hearing of the application, be before the Court for directions.
42. Judgement for delivery up of chattel.
Where the claim to which an application under Rule 38 or 39 relates is for the delivery up of a specific chattel and the Court gives judgement under this Division for the applicant it shall have the same power to order the party against whom judgement is given to deliver up the chattel without giving him an option to retain it on paying the assessed value as if the judgement had been given after trial.
43. Relief against forfeiture.
A tenant shall have the same right to apply for relief after judgement has been given under this Division for possession of land on the ground of forfeiture for non-payment of rent, as if the judgement had been given after trial.