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CAP. 336]
District Court Civil Procedure (General) Rules
(1983 Ed.
[Subsidiary]
Judgment to record separate findings in action
in which persons unite as plaintiffs.
In action for recovery of land, person not named as defendant may appear. L.N. 182/70.
Summary proceedings for possession of land.
L.N. 163/81.
Action by employees for wages
62. Where by virtue of section 55 of the Ordinance two or more persons unite as plaintiffs in one action against another person, the judgment shall record as separate findings the relief to which any plaintiff, or the defendant as against any plaintiff, is adjudged entitled. Thereafter for execution purposes such separate findings may be proceeded upon severally or jointly to the extent of the relief adjudged due thereby.
Action for recovery of land
63. (1) In an action for the recovery of land, any person not named as a defendant in the writ may, by leave of the Court, be allowed to appear and defend, on filing an affidavit, together with as many copies thereof as there are plaintiffs and defendants, showing that he is in possession, either by himself or by his tenant, of the land.
(2) Where leave is given under paragraph (1) the person obtaining leave shall be added as a defendant, and the Registrar shall send to every other party notice that such person has obtained such leave, together with a copy of the affidavit.
64. (1) Where a person claims possession of land which he alleges is occupied solely by a person or persons (not being a tenant or tenants holding over after the termination of the tenancy) who entered into or remained in occupation without his licence or consent or that of any predecessor in title of his, the proceedings may be brought by originating summons in accordance with this rule.
(2) The plaintiff shall file in support of the originating summons an affidavit stating-
(a) his interest in the land;
(b) the circumstances in which the land has been occupied without licence or consent and in which his claim to possession arises; and
(c) that he does not know the name of any person occupying
the land who is not named in the summons.
(3) (a) Where any person in occupation of the land is named in the originating summons, the summons together with a copy of the affidavit in support shall be served on him-
(i) in accordance with rule 20(1); or
(ii) by leaving a copy of the summons and of the affidavit, or sending them to him, at the premises; or (iii) in such other manner as the court may direct.
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