6
Admission and request for time.
Registrar to fix hearing date when defence etc. filed.
(4) The Registrar may, where he thinks fil, 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 counter- claim but before judgment has been entered, the defendant files a defence or counterclaim in accord- ance 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 defendont under this rule unless the Registrar is satisfied that the writ has been served on the defend- ant.
(8) The Court may, on such terms as it thinks ɓit, set aside or vary judgment entered under this rule.
23. (1) A defendant who admits his liability for the whole or part of any claim but desires time for payment or to make payment by instalments. may. within eight days of the service of the writ on him, file at the court office such an application together with an affidavit as to his means.
(2) Upon receipt of an application and affidavil under paragraph (1), the Registrar shall—
(a) as soon as practicable enter judgment in
accordance with the admission; and
(b) notify the plaintiff 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.
Date of hearing.
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
(Cap. 336,
Framing of isques.
(b) the period within which a defence or counter- claim should have been filed has elapsed and no such defence or 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 Pro- cedure (Forms) Rules to fix a day for the bearing of the action.
(2) At the expiration of not less than three 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 fourteen 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 re- gard thereto.
Framing of issues.
25. (1) The Court may, in any proceedings. frame and record such issues of fact and law as it may think fit for the better hearing and determination of the cause and where such issues have been so framed and recorded no party shall be at liberty to depart therefrom except with the leave of the Court which may be given on such terms as to costs, payment of money into court, giving security or otherwise as the Court may think fit.
(2) Notwithstanding the provisions of paragraph (1) the Court may in any cause make any such order for the filing and delivery of pleadings or particulars, formal or informal, as it may consider necessary or desirable for the better hearing and determination of the cause.
(3) Nothing in this rule shall require the Court to frame or to record issues.
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