A 16
CAP. 336]
District Court Civil Procedure (General) Rules
[1983 Ed.
[Subsidiary]
Notice of special defence. L.N. 182/70.
Action to be struck out in certain circumstances. L.N. 182/70. L.N. 163/81.
Actions by and against infants. L.N. 182/70.
Third party notice. L.N. 182/70. L.N. 163/81.
30. Except with the consent of the parties or the leave of the Court, which leave may be given on such terms as to costs, payment of money into court, giving security or otherwise as the Court thinks fit, no defendant may rely on any equitable defence or on any special defence, such as set-off, illegality, want of consideration or the statute of limitations, unless at least 3 clear days' written notice thereof has been given to the plaintiff, or to his counsel or solicitor, and to the Court.
Want of prosecution
31. (1) Where no application for entry of judgment is made under rule 22 within 3 months from the expiration of the period within which a defence or counterclaim should have been filed the Registrar shall strike out the action from the Register of Civil Actions.
(2) Where no application to fix a date for the hearing of an action is made under rule 24 within 3 months from the date on which the defence or counterclaim was filed the Registrar shall strike out the action from the Register of Civil Actions, and upon the application of any party a judge may award such costs as he thinks fit.
(3)
Infants
32. (1) An infant shall not, as of course, sue by his next friend or defend by a guardian ad litem, but the Court may so order upon it appearing to the Court that the infant is unable of himself properly to present his case, or defend the action, or give instructions therefor.
(2) Rule 8 of Order 80 of the Rules of the Supreme Court shall not, in so far as it relates to infants, apply to any proceedings in the Court unless the Court otherwise directs.
(3) Rule 10 of Order 80 of the Rules of the Supreme Court shall not, in so far as it relates to infants, apply to any proceedings in the Court unless an order has been made under paragraph (1).
(4) This rule shall apply to the trial of any action in the Court and to interlocutory proceedings in respect of such actions.
Third party procedure
33. (1) The Court may, upon a written or oral application made ex parte and without notice by a defendant to an action, give leave to the defendant to issue and serve a third party notice and on granting such leave shall specify a period within which the notice shall be served.
(2) The defendant obtaining the third party notice shall serve it upon the third party together with a copy of the writ by which the