1983 Ed.]
District Court Civil Procedure
[CAP. 336
A 15
(General) Rules
[Subsidiary]
Summary judgment, trial, etc.
27. (1) Where-
(a) any party appearing or present in court, upon being required so to do by the Court for the purpose of framing issues, refuses without reasonable excuse to be orally examined by the judge or to produce any document then and there in his possession; or
(b) the defendant, in the opinion of the Court, fails, by himself or by his counsel, solicitor or other representative to disclose any reasonable ground of defence; or
(c) any party being bound by an order made under rule 26(1)(c) or (d) fails without reasonable excuse to obey the same,
the Court may pronounce such judgment against him and in such terms as it shall think fit or make such order and impose such terms as to costs, payment of money into court, giving security or otherwise as it thinks fit.
(2) Whenever, in the opinion of the Court, the issues are sufficiently established for the immediate determination of the cause, the Court may pronounce judgment forthwith in such terms as it shall think fit.
Summary judgment.
L.N. 182/70.
28. Where a claim is for a debt or for liquidated damages only and the defendant-
(a) admits a sum less than the amount claimed; or
(b) in the opinion of the Court, fails, by himself or by his counsel, solicitor or other representative, to disclose any reasonable ground of defence with respect to part of the claim; or
(c) has a counterclaim and it appears to the Court that the maximum amount which could be recovered thereunder, if the counterclaim were to be upheld, is less than the amount of the claim,
the Court may, if it thinks fit, enter judgment forthwith for the sum so admitted or for the sum in respect of which no reasonable ground of defence is disclosed or for a sum representing the difference between the amount of the claim and the maximum amount which appears to be recoverable on the counterclaim, as the case may be, with or without costs, and may permit execution to be levied forthwith on such judgment, without prejudice to the hearing and determination of the matters remaining in dispute between the parties.
29. Except with the consent of the parties or the leave of the Court no action or matter shall be heard or determined before the expiry of 3 clear days or such other period as may be prescribed after the service of the writ or other process originating the proceedings.
Judgment for part of a claim. L.N. 182/70.
Date of trial. L.N. 182/70.
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