On 23/05/2013,
you requested for the version in force on 23/05/2013
incorporating all amendments published on or before 23/05/2013.
The closest version currently available is that of 01/04/2006.
ORDER 29
INTERLOCUTORY INJUNCTIONS,
INTERIM PRESERVATION OF PROPERTY,
INTERIM PAYMENTS, ETC.
INTERIM PRESERVATION OF PROPERTY,
INTERIM PAYMENTS, ETC.
1.
—(1) An application for the grant of an injunction may be made by any party to a cause or matter before or after the trial of the cause or matter, whether or not a claim for the injunction was included in that party’s originating process, counterclaim or third party notice, as the case may be.
(2) Such application may be made by summons supported by an affidavit and where the case is one of urgency, may be made ex parte.
(3) The plaintiff may not make such an application before the issue of the originating process except where the case is one of urgency, and in that case —
(a)
the injunction applied for may be granted on such terms, if any, as the Court thinks fit; and
(b)
if the originating process is not issued within 2 days of the granting of the injunction, or such other period as the Court thinks fit, the Court shall on application by a defendant discharge the injunction.
(4) An order for interim injunction must be in Form 56.
2.
—(1) On the application of any party to a cause or matter, the Court may make an order for the detention, custody or preservation of any property which is the subject-matter of the cause or matter, or as to which any question may arise therein, or for the inspection of any such property in the possession of a party to the cause or matter.
(2) For the purpose of enabling any order under paragraph (1) to be carried out, the Court may by the order authorise any person to enter upon any immovable property in the possession of any party to the cause or matter.
(3) Where the right of any party to a specific fund is in dispute in a cause or matter, the Court may, on the application of a party to the cause or matter, order the fund to be paid into Court or otherwise secured.
(4) An order under this Rule may be made on such terms, if any, as the Court thinks just.
(5) An application for an order under this Rule must be made by summons.
(6) Unless the Court otherwise directs, an application by a defendant for such an order may not be made before he enters an appearance.
3.
—(1) Where it considers it necessary or expedient for the purpose of obtaining full information or evidence in any cause or matter, the Court may, on the application of a party to the cause or matter, and on such terms, if any, as it thinks just, by order authorise or require any sample to be taken of any property which is the subject-matter of the cause or matter or as to which any question may arise therein, any observation to be made on such property or any experiment to be tried on or with such property.
(2) For the purpose of enabling any order under paragraph (1) to be carried out, the Court may by the order authorise any person to enter upon any immovable property in the possession of any party to the cause or matter.
(3) Rule 2(5) and (6) shall apply in relation to an application for an order under this Rule as they apply in relation to an application for an order under that Rule.
4.
—(1) The Court may, on the application of any party to a cause or matter, make an order for the sale by such person, in such manner and on such terms (if any) as may be specified in the order of any movable property which is the subject-matter of the cause or matter or as to which any question arises therein and which is of a perishable nature or likely to deteriorate if kept or which for any other good reason it is desirable to sell forthwith.
(2) Rule 2(5) and (6) shall apply in relation to an application for an order under this Rule as they apply in relation to an application for an order under that Rule.
5. Where on the hearing of an application, made before the trial of a cause or matter, for an injunction or the appointment of a receiver or an order under Rule 2, 3 or 4, it appears to the Court that the matter in dispute can be better dealt with by an early trial than by considering the whole merits thereof for the purposes of the application, the Court may make an order accordingly and may also make such order as respects the period before trial as the justice of the case requires.
6. Where the plaintiff, or the defendant by way of counterclaim, claims the recovery of specific movable property and the party from whom recovery is sought does not dispute the title of the party making the claim but claims to be entitled to retain the property by virtue of a lien or otherwise as security for any sum of money, the Court, at any time after the claim to be so entitled appears from the pleadings (if any) or by affidavit or otherwise to its satisfaction, may order that the party seeking to recover the property be at liberty to pay into Court, to abide the event of the action, the amount of money in respect of which the security is claimed and such further sum (if any) for interest and costs as the Court may direct and that, upon such payment being made, the property claimed be given up to the party claiming it, but subject to the provisions of the Exchange Control Act (Chapter 99).
7.
—(1) Where an application is made under any of the foregoing provisions of this Order, the Court may give directions as to the further proceedings in the cause or matter.
(2) If, in an action begun by writ, not being any such action as is mentioned in Order 25, Rule 1(2)(a) to (c) and (e) to (g), the Court thinks fit to give directions under this Rule before the summons for directions, Rules 2 to 7 of that Order shall, with the omission of so much of Rule 7(1) as requires parties to serve a notice specifying the orders and directions which they desire and with any other necessary modifications, apply as if the application were a summons for directions.
8. Where any movable or immovable property forms the subject-matter of any proceedings, and the Court is satisfied that it will be more than sufficient to answer all the claims thereon for which provision ought to be made in the proceedings, the Court may at any time allow the whole or part of the income of the property to be paid, during such period as it may direct, to all or any of the parties who have an interest therein or may direct that any part of the movable property be transferred or delivered to all or any of such parties.
9. For the purposes of Rules 10 to 18, “interim payments”, in relation to a defendant, means a payment on account of any damages, debt or other sum (excluding costs) which he may be held liable to pay to or for the benefit of the plaintiff; and any reference to the plaintiff or defendant includes a reference to any person who, for the purpose of the proceedings, acts as litigation representative 3 of the plaintiff or guardian of the defendant.
10.
—(1) The plaintiff may, at any time after the writ has been served on a defendant and the time limited for him to enter appearance has expired, apply to the Court for an order requiring that defendant to make an interim payment.
(2) An application under this Rule shall be made by summons but may be included in a summons for summary judgment under Order 14.
(3) An application under this Rule shall be supported by an affidavit which shall —
(a)
verify the amount of the damages, debt or other sum to which the application relates and the grounds of the application;
(b)
exhibit any documentary evidence relied on by the plaintiff in support of the application; and
(c)
if the plaintiff’s claim is made under the Civil Law Act (Chapter 43), contain the particulars mentioned in section 20 (6) of that Act.
(4) The summons and the supporting affidavit or affidavits must be filed at the same time, and must be served on the defendant against whom the order is sought within 3 days from the date of filing.
(5) Notwithstanding the making or refusal of an order for an interim payment, a second or subsequent application may be made upon cause shown.
11.
—(1) If, on the hearing of an application under Rule 10 in an action for damages, the Court is satisfied —
(a)
that the defendant against whom the order is sought has admitted liability for the plaintiff’s damages;
(b)
that the plaintiff has obtained judgment against the defendant for damages to be assessed; or
(c)
that, if the action proceeded to trial, the plaintiff would obtain judgment for substantial damages against the defendant or, where there are 2 or more defendants, against any one or more of them,
the Court may, if it thinks fit and subject to paragraph (2), order the defendant to make an interim payment of such amount as it thinks just, not exceeding a reasonable proportion of the damages which in the opinion of the Court are likely to be recovered by the plaintiff after taking into account any relevant contributory negligence and any set-off, cross-claim or counterclaim on which the defendant may be entitled to rely.
(2) No order shall be made under paragraph (1) in an action for personal injuries if it appears to the Court that the defendant is not a person falling within one of the following categories:
(a)
a person who is insured in respect of the plaintiff’s claim; or
(b)
a person whose means and resources are such as to enable him to make the interim payment.
12. If, on the hearing of an application under Rule 10, the Court is satisfied —
(a)
that the plaintiff has obtained an order for an account to be taken as between himself and the defendant and for any amount certified due on taking the account to be paid;
(b)
that the plaintiff’s action includes a claim for possession of land and, if the action proceeded to trial, the defendant would be held liable to pay to the plaintiff a sum of money in respect of the defendant’s use and occupation of the land during the pendency of the action, even if a final judgment or order were given or made in favour of the defendant; or
(c)
that, if the action proceeded to trial, the plaintiff would obtain judgment against the defendant for a substantial sum of money apart from any damages or costs,
the Court may, if it thinks fit, and without prejudice to any contentions of the parties as to the nature or character of the sum to be paid by the defendant, order the defendant to make an interim payment of such amount as it thinks just, after taking into account any set-off, cross-claim or counterclaim on which the defendant may be entitled to rely.
13.
—(1) Subject to Order 76, Rule 12, the amount of any interim payment ordered to be made shall be paid to the plaintiff unless the order provides for it to be paid into Court, and where the amount is paid into Court, the Court may, on the application of the plaintiff, order the whole or any part of it to be paid out to him at such time or times as the Court thinks fit.
(2) An application under paragraph (1) for money in Court to be paid out may be made ex parte, but the Court may direct that the application be served on any other party.
(3) An interim payment may be ordered to be made in one sum or by such instalments as the Court thinks fit.
(4) Where a payment is ordered in respect of the defendant’s use and occupation of land, the order may provide for periodical payments to be made during the pendency of the action.
14. Where an application is made under Rule 10, the Court may give directions as to the further conduct of the action, and, so far as may be applicable, Order 25, Rules 2 to 7, shall, with the omission of so much of Rule 7(1) as requires the parties to serve a notice specifying the orders and directions which they require and with any other necessary modifications, apply as if the application were a summons for directions, and, in particular, the Court may order an early trial of the action.
15. The fact that an order has been made under Rule 11 or 12 shall not be pleaded and, unless the defendant consents or the Court so directs, no communication of that fact or of the fact that an interim payment has been made, whether voluntarily or pursuant to an order, shall be made to the Court at the trial, or hearing, of any question or issue as to liability or damages until all questions of liability and amount have been determined.
16. Where, after making an interim payment, whether voluntarily or pursuant to an order, a defendant pays a sum of money into Court under Order 22, Rule 1, or makes an offer to settle under Order 22A, Rule 1, as the case may be, the notice of payment must state that the defendant has taken into account the interim payment.
17. Where a defendant has been ordered to make an interim payment or has in fact made an interim payment, whether voluntarily or pursuant to an order, the Court may, in giving or making a final judgment or order, or granting the plaintiff leave to discontinue his action or to withdraw the claim in respect of which the interim payment has been made, or at any other stage of the proceedings on the application of any party, make such order with respect to the interim payment as may be just, and in particular —
(a)
an order for the repayment by the plaintiff of all or part of the interim payment;
(b)
an order for the payment to be varied or discharged; or
(c)
an order for the payment by any other defendant of any part of the interim payment which the defendant who made it is entitled to recover from him by way of contribution or indemnity or in respect of any remedy or relief relating to or connected with the plaintiff’s claim.