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Special- Procedures


Art. 284- Special endorsement on statement of claim

All suits where the plaintiff seeks only to recover a debt or liquidated demand in money payable by the defendant, with or without interest, arising:
(a)    upon a contract, expressed or implied such as on a bill of exchange, promissory note or cheque, or other simple contract debt; or
(b)    on a bound or contract written for payment off a liquidate amount of money; or
(c)    on a guaranty where the claim against the principal is in respect of a debt or liquidated amount only,
may at the option of the plaintiff, be instituted upon payment of the prescribed court fee by presenting a statement of claim endorsed “Summary Procedure”, and accompanied by an affidavit made by the plaintiff or by any other person who can swear positively to the facts, verifying the cause of action, and the amount claimed, if any, and stating that in his belief there is no defense to the suit.

Art. 285- Judgment in default application for leave to defend
(1)    Upon the filing of an endorsed statement of claim and an affidavit as provided in Art 284, the court shall cause to be served upon the defendant a summons in the form prescribed by the Second Schedule to this Code or in such other form as may be proscribed, and the defendant shall not appear and defend the except upon applying for and obtaining leave from the court.
(2)    In default of such application by the defendant or by any one of several defendant within the period fixed by the summons served upon him, the plaintiff shall be entitled to a decree for an amount not exceeding the sum claimed in the statement of claim together with interest, if any, and cost against the defendant or such of the defendants as have failed to apply for leave to appear and defend the suit.

Art. 286- Application for leave to defend
(1)    An application by the defendant for leave to appear and defend the suit shall be supported by an affidavit, which shall state whether the defense alleged goes to the whole or to part only and, if so, to what part of the plaintiff’s claim and the court also may allow the defendant making the application to be examined on oath.
(2)    The court may order the defendant to attend and be examined upon oath, or to produce any deeds, books or documents, or copies of or extracts therefrom.
(3)    The plaintiff shall be served with notice of the application and with a copy of the affidavit filed by the defendant.

Art. 287- Judgment upon refusal to give leave
Where, after hearing an application by a defendant for leave to appear and defend the suit, the court refuses to grant such leave, the plaintiff shall be entitled to judgment as against such defendant.

Art. 288- Judgment for part of claim
(1)    Where it appears that the defense applies only to a part of the claim or that any part of the claim is admitted, the plaintiff shall be entitled to a judgments forthwith for such part of his claim as the defense does not apply to or as is admitted, on such terms as to suspending execution or the payment of any amount realized by attachment into court, the taxation of costs or otherwise, as the court may think fit.
(2)    The defendant may be allowed to appear and defend as to the residue of the plaintiff’s claim.

Art. 289- Judgment against one of several defendants
Where it appears to the court that any defendant has a good defense to or ought to be permitted to appear and defend the suit, and that any other defendant has not such defense and ought not to be permitted to defend, the former may be permitted to appear and defend, and the plaintiff shall be entitled to issue a decree against the latter, and may issue execution upon such decree without prejudice to his right to proceed with his suit against the former.

Art. 290- Leave to defend may be conditional
Leave to appear and defend the suit may be given unconditionally or subject to such terms as to the payment of monies into court, giving security or time or mode of trial or otherwise, as the court may think fit.

Art. 291- Orders for further conduct of suit
Where leave, whether conditional or unconditional, is given to appear and defend, the court shall have power to give all directions and make all orders as to pleadings, issues, and further steps in the suit as may then appear reasonable or necessary, or may order the suit to be forthwith set down for hearing.

Art. 292- Setting aside judgment
After the judgment the court may, if satisfied that the service of the summons was not effective, or for any other good cause to be recorded, set aside the decree, and if necessary stay or aside execution, and may give leave to the defendant to appear to the summons and to defend the suit, if it seems reasonable to the court so to do, and on such terms as the court thinks fit.