SUMMARY JUDGMENT (O.14)

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SUMMARY JUDGMENT (O.14) by Mind Map: SUMMARY JUDGMENT (O.14)

1. RULE 1

1.1. PT can APPLY for SJ when there is no meritorious defence from Def side with the conditions that - SOC has been served to the Def - Def has entered the appearance

2. RULE 2

2.1. Application of SJ must be supported with affidavit in Form 13

2.2. A copy of affidavit + any exhibits must be served to the Def within 14 days (from the date of receipt of sealed notice of application)

3. RULE 3

3.1. Ct may give JUDGMENT FOR THE PT against the Def just having regard to the nature of remedy/relief claimed although there is an issue @ question in dispute

3.2. Ct may order stay the execution of any judgment against the Def until after the trial of any CC made by the Def

4. RULE 4

4.1. Ct may grant LEAVE to the Def to defend against the application of SJ (show cause by affidavit)

5. RULE 5

5.1. DEF may APPLY for SJ against the Pt when the CC has been served on the ground that the Pt has NO DEFENCE to that CC

6. RULE 6

6.1. Where the Ct orders leave to the Pt/Def or judgment for Pt/Def, it may GIVE DIRECTIONS as to the further conduct of the action and O. 34 (PTCM) shall apply

6.2. Ct may DIRECT the actions to be tried by the Registrar

7. RULE 7

7.1. Ct may DISMISS the application under Rule 1 and Rule 5 with costs if it is made not within this Order or the Pt knew that the Def relied on a contention which entitle him to unconditional leave to defend

8. RULE 8

8.1. When the application made under Rule 1 or Rule 5 has obtained the judgment, the parties (Pt/Def) may PROCEED with the REMAINDER of claim

9. RULE 9

9.1. Ct may order the party to DELIVER the property WITHOUT giving him an option to retain it as if the judgment had been given after trial (if the claim is about delivery of movable property)

10. RULE 10

10.1. A TENANT has the right to apply for RELIEF in order to possess the immovable property that been FORFEITED due to non-payment of rent

11. RULE 11

11.1. Any judgment given against a Def who does not appear at the hearing of an application under Rule 1 or Rule 5 may be SET ASIDE