A 338
CAP. 41
[Subsidiary]
The Rules of the Supreme Court Order 85 [1988 Ed.
Court-Order
or delivery of goods or by any other means, shall form part of the hire-purchase price or total purchase price, as the case may be.
Particulars to be included in statement of claim (O. 84A, r. 2)
2. Every statement of claim in an action to which this Order applies (whether indorsed on the writ or not) must state the circumstances in which the claim mentioned in rule 1(2) arises.
Judgment on failure to give notice of intention to defend or in default of defence (O. 84A, r. 3)
3. (1) In an action to which this Order applies 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) give the particulars required by rule 2; and
(ii) exhibit a true copy of the hire-purchase or conditional sale agreement, the original of which 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.
(3) If the application is for leave to enter judgment on failure to give notice of intention to defend, the summons shall not be issued until after the time limited for acknowledgment of service of the writ.
(4) The plaintiff must produce to the Court hearing an application for the grant of leave under this rule the hire-purchase or conditional sale agreement to which the action relates.
(5) Unless the Court hearing such application grants leave to enter judgment for the amount claimed or, having power to do so, transfers the action to a District Court, it shall (whether or not the defendant appears on the hearing) try the action.
ORDER 85
ADMINISTRATION AND SIMILAR ACTIONS
Interpretation (O. 85, r. 1)
1. In this Order "administration action" means an action for the administration under the direction of the Court of the estate of a deceased person or for the execution under the direction of the Court of a trust.
A 338
CAP. 41
[Subsidiary]
The Rules of the Supreme Court Order 85 [1988 Ed.
Court-Order
or delivery of goods or by any other means, shall form part of the hire-purchase price or total purchase price, as the case may be.
Particulars to be included in statement of claim (O. 84A, r. 2)
2. Every statement of claim in an action to which this Order applies (whether indorsed on the writ or not) must state the circumstances in which the claim mentioned in rule 1(2) arises.
Judgment on failure to give notice of intertion to defend or in default
of defence (O. 84A, r. 3)
3. (1) In an action to which this Order applies 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) give the particulars required by rule 2; and
(ii) exhibit a true copy of the hire-purchase or con- ditional sale agreement, the original of which 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.
(3) If the application is for leave to enter judgment on failure to give notice of intention to defend, the summons shall not be issued until after the time limited for acknowledgment of service of the writ.
(4) The plaintiff must produce to the Court hearing an appli- cation for the grant of leave under this rule the hire-purchase or conditional sale agreement to which the action relates.
(5) Unless the Court hearing such application grants leave to enter judgment for the amount claimed or, having power to do so, transfers the action to a District Court, it shall (whether or not the defendant appears on the hearing) try the action.
ORDER 85
ADMINISTRATION AND SIMILAR ACTIONS
Interpretation (O. 85, r. 1)
1. In this Order "administration action” means an action for the administration under the direction of the Court of the estate of a deceased person or for the execution under the direction of the Court of a trust.
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