1983 Ed.]
Lands Tribunal Rules
[CAP. 17
A 7
[Subsidiary]
his objection stating the grounds thereof within 7 days of the receipt by him of the requisition.
13. (1)(a) Where a notice of opposition has been filed, or the time limited for filing has elapsed and no notice of opposition has been filed, any party to the application, on giving notice to all other parties, may apply to the registrar in accordance with form 16 to list the application for hearing.
(b) At the expiration of not less than 3 days after the receipt of the application to list for hearing, the registrar shall, subject to any order of the Tribunal, list the application for hearing and shall give notice to all parties, which shall be not less than 14 clear days, or such other period as may be agreed by the parties.
(c) The registrar may refer any application to list for hearing to the Tribunal, which may make such order as it thinks fit.
(d) Any party to an application may, at any time before the application has been listed for hearing, make representations to the registrar with regard to the listing.
(2) Where any party has failed, in the opinion of the Tribunal, to pursue any proceedings with due diligence, or has failed to comply with any rule or a requisition under rule 12A, the Tribunal may, after giving the parties an opportunity to be heard, order that the proceedings be heard by the Tribunal or give such other direction as it may think fit for the purpose of expediting or disposing of the proceedings.
13A. (1) In the case of applications for an order for-
(a) possession or for ejectment; or
(b) rent, mesne profits or any other liquidated demand, where no notice of opposition has been filed the applicant may apply for an order in terms of his application.
(2) An application for an order to be made in default of opposition pursuant to paragraph (1) shall be made in writing to the Registrar and shall be supported by an affidavit-
(a) verifying the facts relied upon by the applicant and exhibiting the original of any document evidencing the claim or accounting for the loss of any such document; and
(b) declaring that the rent is not in excess of the amount recoverable by law.
(3) Upon application made under paragraph (2) and upon reading any affidavit in support of such application the Registrar may, subject to paragraph (4), cause an order to be entered in favour of the applicant in terms of the application with costs, if any, by endorsing the originating application to such effect.
Listing for hearing.
L.N. 183/82.
Orders in default.
30 of 1983, s. 6.
1
1983 Ed.]
Lands Tribunal Rules
[CAP. 17
A 7
[Subsidiary]
his objection stating the grounds thereof within 7 days of the receipt by him of the requisition.
13. (1)(a) Where a notice of opposition has been filed, or the time limited for filing has elapsed and no notice of opposi- tion has been filed, any party to the application, on giving notice to all other parties, may apply to the registrar in accordance with form 16 to list the application for hearing.
(b) At the expiration of not less than 3 days after the receipt of the application to list for hearing, the registrar shall, subject to any order of the Tribunal, list the application for hearing and shall give notice to all parties, which shall be not less than 14 clear days, or such other period as may be agreed by the parties.
(c) The registrar may refer any application to list for hearing to the Tribunal, which may make such order as it thinks fit.
(d) Any party to an application may, at any time before the application has been listed for hearing, make representa- tions to the registrar with regard to the listing.
(2) Where any party has failed, in the opinion of the Tribunal, to pursue any proceedings with due diligence, or has failed to comply with any rule or a requisition under rule 12A, the Tribunal may, after giving the parties an opportunity to be heard, order that the proceedings be heard by the Tribunal or give such other direction as it may think fit for the purpose of expediting or disposing of the proceedings.
13A. (1) In the case of applications for an order for-
(a) possession or for ejectment; or
(b) rent, mesne profits or any other liquidated demand, where no notice of opposition has been filed the applicant may apply for an order in terms of his application.
(2) An application for an order to be made in default of opposition pursuant to paragraph (1) shall be made in writing to the Registrar and shall be supported by an affidavit-
(a) verifying the facts relied upon by the applicant and exhibit- ing the original of any document evidencing the claim or accounting for the loss of any such document; and
(b) declaring that the rent is not in excess of the amount
recoverable by law.
(3) Upon application made under paragraph (2) and upon reading any affidavit in support of such application the Registrar may, subject to paragraph (4), cause an order to be entered in favour of the applicant in terms of the application with costs, if any, by endorsing the originating application to such effect.
Listing for hearing.
L.N. 183.82.
Orders in default.
30 of 1983, s. 6.
1
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