Order 51 — Summary Proceedings for Possession of Landed Property Occupied by Squatters or Without the Owner's Consent

This Order shall not apply where the person in occupation of land is:
(a) a tenant; or
(b) a tenant holding over after termination of his tenancy; or
(c) a licensee of the owner or person entitled to possession; or
(d) a person who had the consent of the predecessor-in-title or the person who is entitled to possession.

Where a person claims possession of land which he alleges is occupied solely by a person not listed in Rule 1 of this Order, proceedings may be brought by Originating Summons as in Form 40 and in accordance with the provisions of this Order.

The Claimant shall file in support of the Originating Summons, an affidavit stating:
(a) his interest in the land;
(b) the circumstances in which the land has been occupied without licence or consent and in which his claim to possession arises; and
(c) that he does not know the name of any person occupying the land who is not named in the Summons.

(1) Where a person in occupation of the land is unnamed, no acknowledgement of service of the Originating Summons shall be required.

(2) Where any person in occupation of the land is named in the Originating Summons, unless the Judge otherwise directs, the Summons together with a copy of the affidavit in support, shall be served on him:
(a) personally, or in accordance with Order 6 Rule 5 of these Rules, or
(b) by leaving a copy of the Summons and of the affidavit, or with leave of the Court sending them to him, at the premises; or
(c) affixing a copy of the Summons and a copy of the affidavit to the main door or other conspicuous part of the premises; or
(d) if practicable, inserting through the letter box at the premises, a copy of the Summons and a copy of the affidavit enclosed in a sealed envelope addressed to “the occupiers”; or
(e) in such other manner as the Judge may direct.

(3) Every copy of the Originating Summons for service under this Rule shall be sealed with the seal of the Court issuing the Summons.

Without prejudice to Rule 6 of this Order, any person not named as a Defendant who is in occupation of the land and wishes to be heard on the question whether an Order for possession should be made, may apply at any stage of the proceedings to be joined as a Defendant.

(1) An Order for possession in proceedings under this Order shall be as in Form 41 with such variations as circumstances may require.

(2) The Judge may forthwith order a Writ of Possession to be issued.

(3) Nothing in this Order shall prevent the Judge from ordering possession to be given on a specified date, in the exercise of any power which could have been exercised if possession had been claimed in an action begun by Writ.

(1) No Writ of Possession to enforce an Order for possession under this Order shall be issued after the expiration of three months from the date of the Order without the leave of the Judge.

(2) The application for leave may be made ex-parte unless the Judge otherwise directs.

The Judge may on such terms as he deems fit, set aside or vary any Order made in proceedings under this Order.

In this Order, “land” means the ground with or without building thereon.