A 12
CAP. 336]
District Court Civil Procedure (General) Rules
[1983 Ed.
[Subsidiary]
L.N. 163/81.
(c) the payment of any debt or liquidated demand,
and no defence or counterclaim has been filed in accordance with rule 21, the plaintiff may apply to enter judgment.
(2) An application for entry of judgment in default of defence or counterclaim pursuant to paragraph (1) shall be made in writing to the Registrar and, where the claim is for the possession of land or for rent, or is by a money-lender, or the assignee of a money-lender, for money lent, such application shall be supported by an affidavit-
(a) verifying the claim, and exhibiting the original of any document evidencing the claim, or accounting for the loss of any such document; and
(b) in the case of a claim for possession of land or for rent, declaring, as the case may be, that the rent is not in excess of the amount recoverable by law or that the land is exempt from any law controlling its recovery or the amount of the rent, and the ground of such exemption.
(3) Upon application made under paragraph (2) and upon reading any affidavit filed in support of such application, the Registrar shall, subject to paragraph (4), cause judgment to be entered for the plaintiff with costs, by endorsing the writ filed in the Registry to such effect.
(4) The Registrar may, where he thinks fit, refer any application under paragraph (2) to a judge who may make such order thereon as the justice of the case may require.
(5) If at any time after the expiration of the period limited for the filing of a defence or counterclaim but before judgment has been entered, the defendant files a defence or counterclaim in accordance with rule 21, the provisions of this rule shall not apply.
(6) Where a writ is endorsed with a claim against a defendant for unliquidated damages only, then, if that defendant fails to file a defence in accordance with rule 21, the plaintiff may apply to the Registrar to enter interlocutory judgment against that defendant for damages to be assessed by a judge in chambers and costs, and may proceed with the action against the other defendants, if any.
(7) Judgment shall not be entered against a defendant under this rule unless the Registrar is satisfied that the writ has been served on the defendant.
(8) The Court may, on such terms as it thinks fit, set aside or vary judgment entered under this rule.
(9) A claim in an action for-
(a) the cost of repairs executed to a vehicle or to any property in, on or abutting a street in consequence of damage which it is alleged to have sustained in an accident due to the defendant's negligence; and