1983 Ed.]
District Court Civil Procedure (General) Rules
[CAP. 336
A 13
[Subsidiary]
(b) any damages for the loss of use of the vehicle or property pending its repair,
shall, unless the court otherwise orders, be treated as a liquidated demand for the purposes of these rules.
23. (1) A defendant or plaintiff who admits his liability for the whole or part of any claim or counterclaim but desires time for payment or to pay by instalments may, within 14 days of the service of the writ or counterclaim on him, or of the expiry of any further period specified in rule 21(1)(b), as the case may be, file at the court office such an application together with an affidavit as to means.
(2) Upon receipt of an application and affidavit under paragraph (1), the Registrar shall-
(a) as soon as practicable enter judgment in accordance with the admission; and
(b) notify the other party of the entry of judgment and the application for time for payment or to make payment by instalments.
(3) Any application under paragraph (1) shall be dealt with under rule 60.
24. (1) Where-
(a) a defence or counterclaim has been filed within the period provided for by rule 21 or before judgment has been entered; or
(b) the period within which a defence or counterclaim, or a reply or defence to counterclaim, should have been filed has elapsed and no such defence or counterclaim, or a reply or defence to counterclaim, has been filed,
any party to the action may, on giving notice to all other parties, apply to the Registrar in Form 15B in the Second Schedule to the District Court Civil Procedure (Forms) Rules to fix a day for the hearing of the action.
(2) At the expiration of not less than 3 days after the receipt of an application under paragraph (1) and subject to any order of the court, the Registrar shall fix a day for the hearing of the action and shall give not less than 14 clear days' notice thereof to all parties, or such other period of notice as the parties may consent to.
(3) The Registrar may refer any application under paragraph (1) to a judge who may make such order as he thinks fit.
(4) Any party to an action may, at any time before a date for the hearing of the action has been fixed, make representations to the Registrar with regard thereto.
Admission and request for time. L.N. 182/70.
L.N. 163/81.
Registrar to fix hearing date when defence etc. filed.
L.N. 182/70.
L.N. 163/81.
(Cap. 336, sub. leg.)