Order 10 — DEFAULT OF APPEARANCE

Where no appearance has been entered for a person under legal disability, a claimant shall apply to a Judge, for an order that some person be appointed guardian for such defendant, and when appointed, the person may appear and defend. The application shall be made after service of the originating process. Notice of the application shall be served on the person intended to be appointed the guardian of the defendant.

Where any defendant fails to appear, a claimant may proceed under the appropriate provisions of these rules upon proof of service of the originating process.

Where the claim in the originating process is a liquidated demand and the defendant or all of several defendants fail to appear, a claimant may apply to a Judge, for judgment for the claim on the originating process or such lesser sum and interest as a Judge may order.

(1) Where the claim in the originating process is a liquidated demand and there are several defendants, of whom one or more appear to the process and another or others fail to appear, a claimant may apply to a Judge, for judgment against those who have not appeared, provided that the liability of such a defaulting Defendant or Defendants is ascertainable and severable from that of those who entered appearance.

(2) Notwithstanding a judgment entered under sub-rule (1) of this rule, the Claimant may proceed with the action against those who have appeared, for the remainder of his claim.

Where the claim in the originating process is for pecuniary damages, or for detention of goods with or without a claim for pecuniary damages, and the defendant or all of several defendants fail to appear, a claimant may apply to a Judge for judgment. The value of the goods and the damages or the damages only as the case may be shall be ascertained in such manner and subject to the filing of such particulars as a Judge may direct, before judgment in respect of that part of the claim.

Where the claim in the originating process is as in Rule 5 of this Order and there are several defendants, one or some of whom, appear while another or others do not appear, a claimant may apply for judgment against the defendant(s) failing to appear. The value of the goods and the damages or the damages only as the case may be shall be ascertained in such manner and subject to the filing of such particulars as a Judge may direct before judgment in respect of that part of the claim, is entered.

(1) Where the claim in the originating process is for pecuniary damages or for detention of goods with or without a claim for pecuniary damages and includes a liquidated demand and any of the defendants fail to appear, a claimant may apply to a Judge for judgment against any such defaulting Defendant(s) as the claim affects him or them. The value of the goods and the damages, or damages only as the case may be, shall be ascertained in such manner and subject to the filing of such particulars, as a Judge may direct before judgment, in respect of that part of the claim.

(2) Notwithstanding judgment entered under rule (1) above, the Claimant may proceed with the action against those who have appeared for the remainder of his claim.

If no appearance is entered within the time prescribed in the originating process in a claim for recovery of land, or if appearance is entered but the defence is limited to part only, a claimant may apply to a Judge for judgment stating that the person whose title is asserted in the originating process shall recover possession of the land, or of that part of it to which the defence does not apply.

Where in an originating process for recovery of land the claimant claims mesne profits, arrears of rent, damages for breach of contract or wrong or injury to the premises, he may apply for judgment as in Rule 10 of this Order for the land, and may proceed to prove the other claims.

In any case to which Rules 3 & 7 of this Order do not apply and the defendant or all of several defendants fail to appear, but by reason of payment, satisfaction, abatement of nuisance, or any other reason, it is unnecessary for a claimant to proceed, he may apply to a Judge for judgment for costs;

Provided that such application shall be filed and served in the manner in which service of the originating process was effected or in such manner as a Judge shall direct.

(1) Where judgment is entered pursuant to any of the preceding rules of this Order, a Judge may on the application of the Defendant against whom the judgment was entered, set aside or vary such judgment, on such terms as he deems fit. The application shall be made within a reasonable time of the judgment and shall show a good defence to the claim and a good reason for the default.

(2) Where such judgment is set aside, the Court shall require the Defendant to file all the processes required, within 30 days thereof.

In all claims not specifically provided for under this Order, where the party served with the originating process does not appear within the time prescribed in the originating process, a claimant may proceed as if appearance had been entered.

Notice of any application under this order shall be served on the other party.