Order 9 — Appearance
Rule 1 Need to file Memorandum of Appearance.
(1) Every person served with an originating process shall, within the time stipulated therein and if no time is stipulated shall within fourteen (14) days of the service of the originating process, file a Memorandum of Appearance in the Registry of the Court.
(2) The Memorandum of Appearance shall be signed by the party served or by the Counsel representing the party which shall contain full and sufficient address for service, the electronic mailing address(es) and telephone number(s).
(a) Where two or more defendants in the same action appear by the same Counsel, the Memorandum of Appearance shall include the names of all the Defendants so appearing.
(b) A person under legal disability shall enter appearance by a guardian.
(3) Where the defendant or respondent files along with a Memorandum of Appearance, a defence out of time such defendant or respondent shall only pay one penalty in respect of the two processes.
(4) Where the defendant fails to file a defence or Memorandum of Appearance or any other process after being in default, such defendant or respondent shall pay further penalty as stipulated in Order 57 rule 5 of these Rules.
(5) Any party that enters appearance or files any Court process in line with these Rules shall forward an advance copy of the process to the other party within seven (7) days of filing of the process.
(6) Any party that has been served with an advance copy of an originating process or any Court process shall file and forward an advance copy of his or her or its reply to the other party within seven (7) days of filing of the process.
Rule 2 Effect of failure to enter appearance.
Where any defendant or respondent fails or omits to file a Memorandum of Appearance, the delivery of any document or subsequent processes in relation to the matter to the contact information shown on the originating process shall be deemed good and proper service.
Rule 3 Right of party to change contact information.
Any party or counsel to a proceeding may change the party’s contact information as provided in Order 4 rule 4 of these Rules for service at any time by filing and serving same on the Court and all the parties to the proceeding giving notice of such a change of contact information.
Rule 4 Declaration by party who does not intend to appear.
At any time before the hearing of a matter, any party to the proceeding may file a declaration in writing that such party does not wish to appear in person or by Counsel on the hearing of the matter. A copy of such declaration shall be served on every other party who has filed a Memorandum of Appearance and thereupon the matter shall be dealt with as if the party had appeared.
Rule 5 Effect of failure to file Appearance, Defence or Declaration.
(1) Where a defendant or respondent fails to file a Memorandum of Appearance within the stipulated time, or fails to file appropriate processes in defence of the action within the prescribed time, and also fails to file a declaration of intention not to defend the action, the Court may proceed to hear the matter and give judgment.
(2) Where the defendant or respondent during the hearing, or within a reasonable time after conclusion of hearing and judgment applies to the Court giving satisfactory reasons for the failure to appear and defend the action, and demonstrates readiness to defend the action, the Court may in its discretion set aside any judgment given in default of appearance or defence, and allow
Rule 6 Time within which application to set aside judgment and rehear matter may be made.
No application to set a judgment aside and rehear the matter under rule 5 of this Order shall be made or entertained after the expiration of 30 days from the date of the judgment sought to be set aside.
Rule 7 Appearance in representative action, etc.
Where an action is filed in a representative capacity or the matter involves many Claimants or Applicants or Defendants/Respondents, any of the parties in the matter may appear on behalf of the Claimants/Defendants as the case may be.
Provided that nothing shall prevent any of the parties to the matter who wishes to appear from appearing during any of the sittings of the Court on the matter.
Rule 8 Appearance by party in the action to give evidence.
Where a matter or application is filed before the Court, a party to the matter may appear as a Claimant or Applicant or Defendant or Respondent, whenever the matter or application comes up before the Court.
Provided that when a matter is coming up for trial, and a party in the matter needs to testify and give evidence; the party shall appear in Court for the purpose of the day’s proceedings.