Order 16 — Summary Judgment
Rule 1 Application for Summary Judgment.
Where a Claimant believes that there is no defence to the claim, an application for summary judgment supported by an affidavit stating the grounds for the belief shall be filed along with the originating process. The application shall be accompanied with the statement of facts, any exhibits and a written brief.
Rule 2 Number of Copies of Processes to be delivered to the Registrar.
A Claimant shall deliver to the Registrar as many copies of all the processes and documents referred to in rule 1 of this Order as there are defendants or respondents.
Rule 3 Mode of Service of Processes and Documents.
Service of all the processes and documents referred to in rule 1 of this Order shall be effected in the manner provided for under these Rules.
Rule 4 Action of a party intending to defend upon being served.
Where a party served with the processes and documents referred to in rule 1 of this Order intends to defend the action such a party shall, not later than the time prescribed for defence, file:
(a) a statement of defence;
(b) documents to be used in defence;
(c) a counter-affidavit and a written brief in reply to the application for summary judgment; and
(d) written statement on oath of all witnesses listed to be called by the defendant other than witnesses to be subpoenaed.
Rule 5 Duty of Court upon hearing application for Summary Judgment.
(1) Where it appears to the Court that a party has a good defence and ought to be permitted to defend the claim such party may be granted leave to defend.
(2) Where it appears to the Court that a party does not have a good defence the Court may thereupon enter judgment for the claimant.
(3) Where it appears to the Court that the defendant or respondent has a good defence to part of the claim, the Court may thereupon enter judgment on that part of the claim to which there is no defence and grant leave to defend that part to which there is a defence.
Rule 6 Duty of Court where there are several Defendants.
Where there are several defendants or respondents and it appears to the Court that any of the defendants or respondents has a good defence and ought to be permitted to defend the claim, and other defendants or respondents do not have a good defence and ought not to be allowed to defend the claim, the former may be permitted to defend the claim. The Court shall then enter judgment against the latter.
Rule 7 Party at liberty to expatiate on Written Address.
Where provision is made for written briefs under these Rules, each party shall be at liberty to advance before the Court oral submissions to expatiate the party’s written brief for not more than 20 minutes.
Rule 8 Party may submit to judgment on part of Claim.
(1) A party to an action may submit to judgment in respect of any claim by the Claimant and seek the leave of the Court to defend the part of the claim the party is contesting.
(2) Where a party submits to part of the Claimant’s claim in line with sub-rule 1 of this rule, the Court shall enter judgment for the Claimant accordingly and thereafter grant leave to the defendant to defend the contested part of the claim.