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1988 Ed.] The Rules of the Supreme Court-Order 83 A

[CAP. 4

"money lender's action" means an action for the recovery of money lent by a money lender or for the enforcement of any agreement or security relating to money so lent, being an action brought by the lender or an assignee.

Commencement of money lender's action (O. 83A, r. 2)

2.

(1) Every money lender's action shall be begun by writ.

(2) Before a writ beginning a money lender's action is issued it must be indorsed with a statement that at the time of the making of the loan or contract or the giving of the security in question the lender was licensed as a money lender.

Particulars to be included in statement of claim (O. 83A, r. 3)

3. Every statement of claim in a money lender's action (whether indorsed on the writ or not) must state-

(a) the date on which the loan was made;

(b) the amount actually lent to the borrower;

(c) the rate per cent per annum of interest charged;

(d) the date when the contract for repayment was made;

(g) the amount repaid;

(h) the amount due but unpaid;

(i) the date upon which such unpaid sum or sums became due;

and

(j) the amount of interest accrued due and unpaid on every

such sum.

Judgment on failure to give notice of intention to defend or in default

of defence (O. 83A, r. 4)

4. (1) In a money lender's action judgment on failure to give notice of intention to defend or in default of defence shall not be entered except with the leave of the Court.

(2) (a) An application for the grant of leave under this rule must be made by summons supported by an affidavit which must-

(i) prove that the money is due and payable;

(ii) give the particulars required by rules 2 and 3; and (iii) exhibit a true copy of any agreement or security relating to the money lent,

and the original agreement or security must be produced at the hearing of the summons.

(b) The summons and a copy of the affidavit in support and of any exhibits referred to therein must, notwithstanding anything in Order 65, rule 9 be served on the defendant not less than 4 clear days before the day fixed for the hearing of the summons.

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