Order 22 — Interlocutory Injunction and Interim Preservation of Property

(1) Any application for the grant of an injunction may be made by a party to an action before, at or after the trial of the action, whether or not a claim for injunction was included in that party’s action.

(2) Where the applicant is the claimant and the case is for urgent relief, the application may be by motion ex-partite supported by an affidavit. Except as aforesaid, the application shall ordinarily be by motion on notice or summons.

(3) The claimant shall not make such an application before the issuance of the process by which the action is to be begun, except where the case is one of urgent relief. Where the case is for urgent relief, the injunction applied for may be granted on terms providing for the issuance of the process and service of the process together with the ex-partite order obtained on the defendant or respondent and such other terms as the Court thinks fit.

(1) On the application of any party to an action, the Court may make an order for the detention, custody or preservation of any property which is the subject matter of the action or as to which any question may arise, or for the inspection of any such property in the possession of a party to the action.

(2) For the purpose of enabling any order made under sub-rule (1) of this rule to be carried out, the Court may by an order authorize any person to enter upon any land or building in the possession of any party to the action.

(3) Where the right of any party to a specific fund is in dispute in an action, the Court may on the application of the party, order the fund to be paid into Court or be otherwise secured.

(4) An order under this rule may be made on such terms as the Court deems just.

(5) An application for an order under this rule shall be made by motion on notice.

(6) Unless the Court otherwise directs, an application by the defendant or respondent for such an order shall not be made before entering appearance.

(1) Where the Court considers it necessary or expedient for the purpose of obtaining full information or evidence in any action, it may, on the application of a party and by order on such terms as it deems just, authorize or require any assessment or valuation to be taken or any enquiries to be made of the property which is the subject matter of the action.

(2) The Court may, on the application of any party, make an order for the sale by such person, in such manner and on such terms as may be specified in the order, of any property (other than land) which is the subject matter of the action or as to which any dispute or question arises therein and which is of a perishable nature or likely to deteriorate if kept or which for any other reason it is desirable to sell forthwith.

(3) For the purpose of enabling any order under sub-rule (1) of this Rule to be carried out, the Court may by order authorize any person to enter any land or building in the possession of any party.

(4) Sub-rules (5) and (6) of rule 2 of this Order shall apply in relation to an application for an order under this rule.

(1) Where on the hearing of an application made before trial in a cause or matter for an injunction, appointment of a public trustee or an order under rule 2 or 3 of this Order, it appears to the Court that the matter in dispute can be better dealt with expeditiously by an early trial than by considering the application on its merit, the Court may make such order accordingly.

(2) Where the Court makes an order for accelerated trial, it shall by the said order determine the place and mode of trial.

Where the Claimant or the defendant by way of counter-claim, claims the recovery of specific property (other than land) and the party from whom recovery is sought does not dispute the title of the party making the claim but claims to be entitled to retain the property by virtue of a lien or otherwise as security for any sum of money, the Court may order that the party seeking to recover the property be at liberty to pay into Court, to abide the event of the action, the amount of money in respect of which the security is claimed, or such further sum if any (of interests and costs) as the Court may direct; and that, upon such payment being made, the property claimed be given up to the party claiming it.

Where any real or personal property forms the subject matter of any proceedings, and the Court is satisfied, that the income from it will be more than sufficient to answer all the claims thereon for which provision ought to be made in the proceedings, the Court may order the whole or part of the income of the property to be paid, during such period as it may direct, to any or all of the parties who have an interest therein or may direct that any part of the personal property be transferred or delivered to any or all such parties.