SUMMARY PROCEEDINGS FOR
POSSESSION OF LAND
POSSESSION OF LAND
1. Where a person claims possession of land which he alleges is occupied solely by a person or persons (not being a tenant or tenants holding over after the termination of the tenancy) who entered into or remained in occupation without his licence or consent or that of any predecessor in title of his, the proceedings may be brought by originating summons in accordance with the provisions of this Order.
2. Proceedings under this Order may be heard and determined by a Registrar, who may refer them to a Judge if he thinks they should properly be decided by the Judge.
3. An originating summons filed under this Order shall include the following note at the end thereof:
“Note: Any person occupying the premises who is not named as a defendant by this originating summons may apply to the Court personally or by solicitor to be joined as a defendant. If a person occupying the premises does not attend personally or by solicitor at the time and place abovementioned, such order will be made as the Court may think just and expedient.”.
—(1) At the time of the filing of the originating summons under this Order, the plaintiff shall file a supporting affidavit stating —
his interest in the land;
the circumstances in which the land has been occupied without licence or consent and in which his claim to possession arises; and
that he does not know the name of any person occupying the land who is not named in the summons.
(2) Where the plaintiff is unable, after taking reasonable steps, to identify every person occupying the land for the purpose of making him a defendant, the plaintiff should state in his affidavit that he has taken reasonable steps (describing them) to identify the persons occupying the land who are not named in the summons.
—(1) Where any person in occupation of the land is named in the originating summons, the summons together with a copy of the supporting affidavit shall be served on him —
by leaving a copy of the summons and of the affidavit or sending them to him at the premises; or
in such other manner as the Court may direct.
(2) Where any person not named as a defendant is in occupation of the land, the summons shall be served (whether or not it is also required to be served in accordance with paragraph (1)), unless the Court otherwise directs, by —
affixing a copy of the summons and a copy of the affidavit to the main door or other conspicuous part of the premises and, if practicable, inserting through the letter-box at the premises a copy of the summons and a copy of the affidavit enclosed in a sealed transparent envelope addressed to “the occupiers”; or
placing stakes in the ground at conspicuous parts of the occupied land, to each of which shall be affixed a sealed transparent envelope addressed to “the occupiers” and containing a copy of the summons and a copy of the affidavit.
(3) Order 28, Rule 3, shall not apply to proceedings under this Order.
6. Without prejudice to Order 15, Rules 6 and 10, any person not named as a defendant who is in occupation of the land and wishes to be heard on the question whether an order for possession should be made may apply at any stage of the proceedings to be joined as a defendant.
—(1) A final order for possession in proceedings under this Order shall, except in case of emergency and by leave of the Court, not be made less than 7 days after the date of service of the summons.
(2) An order for possession in proceedings under this Order shall be in Form 206.
(3) Nothing in this Order shall prevent the Court from ordering possession to be given on a specified date, in the exercise of any power which could have been exercised if possession had been claimed in an action begun by writ.
—(1) Order 45, Rule 3(2), shall not apply in relation to an order for possession under this Order but no writ of possession to enforce such an order shall be issued after the expiry of 3 months from the date of the order without the leave of the Court.
An application for leave may be made ex parte unless the Court otherwise directs.
(2) The writ of possession shall be in Form 207.