SUMMARY JUDGMENT AND DISPOSAL OF CASE ON POINT OF LAW
1. Where a statement of claim has been served on a defendant and that defendant has served a defence to the statement of claim, the plaintiff may, on the ground that that defendant has no defence to a claim included in the writ, or to a particular part of such a claim, or has no defence to such a claim or part except as to the amount of any damages claimed, apply to the Court for judgment against that defendant.
—(1) An application under Rule 1 must be made by summons supported by an affidavit or affidavits.
(2) The summons and the supporting affidavit or affidavits must be filed at the same time, and must be served on the defendant within 3 days from the date of filing.
(3) The defendant on whom the summons and the supporting affidavit or affidavits have been served may show cause against the plaintiff’s application by affidavit or otherwise to the satisfaction of the Court.
(4) If the defendant wishes to show cause against the plaintiff’s application by affidavit, he must file and serve his affidavit or affidavits on the plaintiff within 14 days after service of the plaintiff’s summons and affidavit or affidavits.
(5) The plaintiff must, if he wishes to reply to the defendant’s affidavit or affidavits, file and serve his affidavit or affidavits on the defendant within 14 days after service of the defendant’s affidavit or affidavits.
(6) No further affidavit shall be received in evidence without the leave of the Court.
(7) Where a party files or serves an affidavit beyond the period of time specified in this Rule, the Court may make such order as to costs against that party as it considers fit.
(8) An affidavit or affidavits for the purpose of this Rule must contain all necessary evidence in support of or in opposition (as the case may be) to the claim, or a part of the claim, to which the application relates, and unless the Court otherwise directs, may contain statements of information or belief with the sources and grounds thereof.
—(1) Unless on the hearing of an application under Rule 1 either the Court dismisses the application or the defendant satisfies the Court with respect to the claim, or part of a claim, to which the application relates that there is an issue or question in dispute which ought to be tried or that there ought for some other reason to be a trial of that claim or part, the Court may give such judgment for the plaintiff against that defendant on that claim or part as may be just having regard to the nature of the remedy or relief claimed.
(2) The Court may by order, and subject to such conditions, if any, as may be just, stay execution of any judgment given against a defendant under this Rule until after the trial of any counterclaim made or raised by the defendant in the action.
—(1) The Court may give a defendant against whom an application under Rule 1 is made leave to defend the action with respect to the claim, or part of a claim, to which the application relates either unconditionally or on such terms as to giving security or time or mode of trial or otherwise as it thinks fit.
(2) On the hearing of such an application the Court may order a defendant showing cause or, where that defendant is a body corporate, any director, manager, secretary or other similar officer thereof, or any person purporting to act in any such capacity —
to produce any document; and
if it appears to the Court that there are special circumstances which make it desirable that he should do so, to attend and be examined on oath.
—(1) Where a defendant to an action begun by writ has served a counterclaim on the plaintiff and the plaintiff has served a defence to the counterclaim, the defendant may, on the ground that the plaintiff has no defence to a claim made in the counterclaim, or to a particular part of such a claim, apply to the Court for judgment against the plaintiff on that claim or part.
(2) Rules 2, 3 and 4 shall apply in relation to an application under this Rule as they apply in relation to an application under Rule 1 but with the following modifications:
references to the plaintiff and defendant shall be construed as references to the defendant and plaintiff respectively;
the words “any counterclaim made or raised by the defendant in” in Rule 3(2) shall be omitted; and
the reference in Rule 4(1) to the action shall be construed as a reference to the counterclaim to which the application under this Rule relates.
—(1) Where the Court —
orders that a defendant or a plaintiff has leave (whether conditional or unconditional) to defend an action or counterclaim, as the case may be, with respect to a claim or part of a claim;
gives judgment for a plaintiff or a defendant on a claim or part of a claim but also orders that execution of the judgment be stayed pending the trial of a counterclaim or of the action, as the case may be; or
dismisses, or grants leave for the withdrawal of, the application under this Order,
the Court, shall give directions as to the further conduct of the action and Order 25, Rules 2 to 7 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 require and with any other necessary modifications, apply as if the application under Rule 1 or 5, as the case may be, on which the order was made were a summons for directions.
(2) In particular, and if the parties consent, the Court may direct that the claim in question and any other claim in the action be tried by the Registrar under the provisions of these Rules relating to the trial of causes or matters or questions or issues by the Registrar.
—(1) If, on an application under Rule 1, it appears to the Court that the plaintiff knew that the defendant relied on a contention which would entitle him to unconditional leave to defend, then, the Court may dismiss the application with costs.
(2) The Court shall have the same power to dismiss an application under Rule 5 as it has under paragraph (1) to dismiss an application under Rule 1, and that paragraph shall apply accordingly with the necessary modifications.
—(1) Where on an application under Rule 1 the plaintiff obtains judgment on a claim or part of a claim against any defendant, he may proceed with the action as respects any other claim or as respects the remainder of the claim or against any other defendant.
(2) Where on an application under Rule 5 a defendant obtains judgment on a claim or part of a claim made in a counterclaim against the plaintiff, he may proceed with the counterclaim as respects any other claim or as respects the remainder of the claim or against any other defendant to the counterclaim.
9. Where the claim is for the delivery up of a specific movable property and the Court gives judgment under this Order for the applicant, it shall have the same power to order the party against whom judgment is given to deliver up the property without giving him an option to retain it on paying the assessed value thereof as if the judgment had been given after trial.
10. A tenant shall have the same right to apply for relief after judgment for possession of immovable property on the ground of forfeiture for non-payment of rent has been given under this Order as if the judgment had been given after trial.
11. Any judgment given against a party who does not appear at the hearing of an application under Rule 1 or 5 may be set aside or varied by the Court on such terms as it thinks just.
—(1) The Court may, upon the application of a party or of its own motion, determine any question of law or construction of any document arising in any cause or matter where it appears to the Court that —
such question is suitable for determination without a full trial of the action; and
such determination will fully determine (subject only to any possible appeal) the entire cause or matter or any claim or issue therein.
(2) Upon such determination, the Court may dismiss the cause or matter or make such order or judgment as it thinks just.
(3) The Court shall not determine any question under this Order unless the parties have had an opportunity of being heard on the question.
(4) Nothing in this Order shall limit the powers of the Court under Order 18, Rule 19, or any other provision of these Rules.
13. An application under Rule 12 may be made by summons or (notwithstanding Order 32, Rule 1) may be made orally in the course of any interlocutory application to the Court.
14. No summons under this Order shall be filed more than 28 days after the pleadings in the action are deemed to be closed.