A 110
CAP. 4]
[Subsidiary]
The Rules of the Supreme Court Order 29 [1988 Ed.
(b) that the application would have been refused on that
ground if
(i) in the case of a summons under paragraph (1), the subsequent proceedings had already been begun; or
(ii) in the case of a summons under paragraph (2), the person against whom the order is sought were a party to the proceedings.
Allowance of income of property pendente lite (O. 29, r. 8)
7
8. Where any real or personal property forms the subject-matter of any proceedings, and the Court is satisfied that it will be more than sufficient to answer all the claims thereon for which provision ought to be made in the proceedings, the Court may at any time allow the whole or part of the income of the property to be paid, during such period as it may direct, to any or all of the parties who have an interest therein or may direct that any part of the personal property be transferred or delivered to any or all of such parties.
II. INTERIM PAYMENTS
Interpretation of Part II (O. 29, r. 9)
9. In this part of this Order-
"interim payment", in relation to a defendant, means a payment on account of any damages, debt or other sum (excluding costs) which he may be held liable to pay to or for the benefit of the plaintiff, and any person who, for the purpose of the proceedings, acts as next friend of the plaintiff or guardian of the defendant.
Application for interim payment (O. 29, r. 10)
10. (1) The plaintiff may, at any time after the writ has been served on a defendant and the time limited for him to acknowledge service has expired, apply to the Court for an order requiring that defendant to make an interim payment.
(2) An application under this rule shall be made by summons but may be included in a summons for summary judgment under Order 14 or Order 86.
(3) An application under this rule shall be supported by an affidavit which shall-
(a) verify the amount of the damages, debt or other sum to which the application relates and the grounds of the application;
(b) exhibit any documentary evidence relied on by the plaintiff in support of the application; and
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Page 111
A 110
CAP. 4]
[Subsidiary]
The Rules of the Supreme Court Order 29 [1988 Ed.
(b) that the application would have been refused on that
ground if
(i) in the case of a summons under paragraph (1), the subsequent proceedings had already been begun; or
(ii) in the case of a summons under paragraph (2), the person against whom the order is sought were a party to the proceedings.
Allowance of income of property pendente lite (O. 29, r. 8)
7
8. Where any real or personal property forms the subject- matter of any proceedings, and the Court is satisfied that it will be more than sufficient to answer all the claims thereon for which provision ought to be made in the proceedings, the Court may at any time allow the whole or part of the income of the property to be paid, during such period as it may direct, to any or all of the parties who have an interest therein or may direct that any part of the personal property be transferred or delivered to any or all of such parties.
II. INTERIM PAYMENTS
Interpretation of Part II (O. 29, r. 9)
9. In this part of this Order-
"interim payment", in relation to a defendant, means a payment on account of any damages, debt or other sum (excluding costs) which he may be held liable to pay to or for the benefit of the plaintiff, and any person who, for the purpose of the proceedings, acts as next friend of the plaintiff or guardian of the defendant.
Application for interim payment (O. 29, r. 10)
10. (1) The plaintiff may, at any time after the writ has been served on a defendant and the time limited for him to acknowledge service has expired, apply to the Court for an order requiring that defendant to make an interim payment.
(2) An application under this rule shall be made by summons but may be included in a summons for summary judgment under Order 14 or Order 86.
(3) An application under this rule shall be supported by an affidavit which shall-
(a) verify the amount of the damages, debt or other sum to which the application relates and the grounds of the application;
(b) exhibit any documentary evidence relied on by the plaintiff
in support of the application; and
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