1983 Ed.]
District Court Civil Procedure (General) Rules
[CAP. 336
A 11
[Subsidiary]
extended for a further period not exceeding 12 months or for successive periods not exceeding 12 months each:
Provided that the time shall not be extended for any period unless the application therefor is made within the currency of the last preceding period.
(4) A note of any extension of the time allowed for service shall be endorsed on the writ and on any copy thereof and shall be noted in the Register of Civil Actions of the Court.
(5) Where a writ has not been served within the time allowed for service by this rule, the Registrar shall strike out the action from the Register of Civil Actions.
Defence and counterclaim
21. (1) (a) A defendant who disputes his liability for the whole or part of any claim or intends to set up a counter-claim shall, within 14 days of the service of the writ upon him, file at the registry out of which the writ has been issued a defence or counterclaim, as the case may be, signed by himself or his solicitor or counsel and setting out his full postal address and, where it is signed by his solicitor or counsel, the full postal address of his solicitor.
(b) Where a defence or counterclaim has been filed pursuant to sub-paragraph (a) a plaintiff may, within 14 days of the expiry of the period of 14 days specified in sub-paragraph (a), file a reply or defence to counterclaim signed by himself or his solicitor or counsel.
(2) The period of 14 days specified in paragraph (1) may be extended for a further period not exceeding 21 days upon a party filing, within the period of 14 days, a notice signed by the other party consenting to the extension of time.
(2A) A judge may extend the period of 14 days referred to in paragraph (2) although the application for extension is not made until after the expiration of that period.
(3) The filing of a defence shall not operate as a waiver of any irregularity in process or want of jurisdiction, but the Court may make such order as to costs or otherwise as it thinks fit.
for-
Judgment in default of defence and upon admission
22. (1) Where the plaintiff's claim against the defendant is-
(a) the possession of land;
(b) the return of any specific chattel; or
Defendant to deliver defence or counterclaim if claim disputed. L.N. 182/70. L.N. 163/81.
L.N. 163/81.
L.N. 163/81.
Judgment in default of defence. L.N. 182/70.
1983 Ed.]
District Court Civil Procedure (General) Rules
[CAP. 336
A 11
[Subsidiary]
extended for a further period not exceeding 12 months or for successive periods not exceeding 12 months each:
Provided that the time shall not be extended for any period unless the application therefore is made within the currency of the last preceding period.
(4) A note of any extension of the time allowed for service shall be endorsed on the writ and on any copy thereof and shall be noted in the Register of Civil Actions of the Court.
(5) Where a writ has not been served within the time allowed for service by this rule, the Registrar shall strike out the action from the Register of Civil Actions.
Defence and counterclaim
21. (1) (a) A defendant who disputes his liability for the whole or part of any claim or intends to set up a counter- claim shall, within 14 days of the service of the writ upon him, file at the registry out of which the writ has been issued a defence or counterclaim, as the case may be, signed by himself or his solicitor or counsel and setting out his full postal address and, where it is signed by his solicitor or counsel, the full postal address of his solicitor.
(b) Where a defence or counterclaim has been filed pursuant to sub-paragraph (a) a plaintiff may, within 14 days of the expiry of the period of 14 days specified in sub-paragraph (a), file a reply or defence to counterclaim signed by himself or his solicitor or counsel.
(2) The period of 14 days specified in paragraph (1) may be extended for a further period not exceeding 21 days upon a party filing, within the period of 14 days, a notice signed by the other party consenting to the extension of time.
(2A) A judge may extend the period of 14 days referred to in paragraph (2) although the application for extension is not made until after the expiration of that period.
(3) The filing of a defence shall not operate as a waiver of any irregularity in process or want of jurisdiction, but the Court may make such order as to costs or otherwise as it thinks fit.
for--
Judgment in default of defence and upon admission
22. (1) Where the plaintiff's claim against the defendant is
(a) the possession of land;
(b) the return of any specific chattel; or
Defendant to deliver defence or counterclaim if claim disputed. L.N. 182/70. L.N. 163/81.
L.N. 163/81.
L.N. 163/81.
Judgment in default of defence. L.N. 182/70.
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