A 70
CAP. 4
[Subsidiary]
App. A. Form 42.
The Rules of the Supreme Court-Order 19 [1988 Ed.
(a) at his option enter either-
(i) interlocutory judgment against that defendant for delivery of the goods or their value to be assessed and costs, or
(ii) interlocutory judgment for the value of the goods to be assessed and costs, or
(b) apply by summons for judgment against that defendant for delivery of the goods without giving him the alternative of paying their assessed value,
and in any case proceed with the action against the other defendants, if any.
(2) A summons under paragraph (1)(b) must be supported by affidavit and, notwithstanding Order 65, rule 9, the summons and a copy of the affidavit must be served on the defendant against whom judgment is sought.
Default of defence: claim for possession of land (O. 19, r. 5)
5. (1) Where the plaintiff's claim against a defendant is for possession of land only, then, if that defendant fails to serve a defence on the plaintiff, the plaintiff may, after the expiration of the period fixed by or under these rules for service of the defence, and on producing a certificate by his solicitor, or (if he sues in person) an affidavit, stating that he is not claiming any relief in the action of the nature specified in Order 88, rule 1, enter judgment for possession of the land as against that defendant and for costs, and proceed with the action against the other defendants, if any.
(5) Where there is more than one defendant, judgment entered under this rule shall not be enforced against any defendant unless and until judgment for possession of the land has been entered against all the defendants.
Default of defence: mixed claims (O. 19, r. 6)
6. Where the plaintiff makes against a defendant two or more of the claims mentioned in rules 2 to 5, and no other claim, then, if that defendant fails to serve a defence on the plaintiff, the plaintiff may, after the expiration of the period fixed by or under these rules for service of the defence, enter against that defendant such judgment in respect of any such claim as he would be entitled to enter under those rules if that were the only claim made, and proceed with the action against the other defendants, if any.
Default of defence: other claims (O. 19, r. 7)
7. (1) Where the plaintiff makes against a defendant or defendants a claim of a description not mentioned in rules 2 to 5, then, if the defendant or all the defendants (where there is more than one) fails or fail to serve a defence on the plaintiff, the plaintiff may, after the expiration of the period fixed by or under these rules for
Page 70
Page 71
A 70
CAP. 4
[Subsidiary]
App. A. Form 42.
The Rules of the Supreme Court-Order 19 [1988 Ed.
(a) at his option enter either-
(i) interlocutory judgment against that defendant for delivery of the goods or their value to be assessed and costs, or
(ii) interlocutory judgment for the value of the goods to be assessed and costs, or
(b) apply by summons for judgment against that defendant for delivery of the goods without giving him the alternative of paying their assessed value,
and in any case proceed with the action against the other defendants, if any.
(2) A summons under paragraph (1)(b) must be supported by affidavit and, notwithstanding Order 65, rule 9, the summons and a copy of the affidavit must be served on the defendant against whom judgment is sought.
Default of defence: claim for possession of land (O. 19, r. 5)
5. (1) Where the plaintiff's claim against a defendant is for possession of land only, then, if that defendant fails to serve a defence on the plaintiff, the plaintiff may, after the expiration of the period fixed by or under these rules for service of the defence, and on producing a certificate by his solicitor, or (if he sues in person) an affidavit, stating that he is not claiming any relief in the action of the nature specified in Order 88, rule 1, enter judgment for possession of the land as against that defendant and for costs, and proceed with the action against the other defendants, if any.
(5) Where there is more than one defendant, judgment entered under this rule shall not be enforced against any defendant unless and until judgment for possession of the land has been entered against all the defendants.
Default of defence: mixed claims (O. 19, r. 6)
6. Where the plaintiff makes against a defendant two or more of the claims mentioned in rules 2 to 5, and no other claim, then, if that defendant fails to serve a defence on the plaintiff, the plaintiff may, after the expiration of the period fixed by or under these rules for service of the defence, enter against that defendant such judg- ment in respect of any such claim as he would be entitled to enter under those rules if that were the only claim made, and proceed with the action against the other defendants, if any.
Default of defence: other claims (O. 19, r. 7)
7. (1) Where the plaintiff makes against a defendant or defendants a claim of a description not mentioned in rules 2 to 5, then, if the defendant or all the defendants (where there is more than one) fails or fail to serve a defence on the plaintiff, the plaintiff may, after the expiration of the period fixed by or under these rules for
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