Order 46 — Non-suit
Rule 1 When Court can non-suit a matter.
Where satisfactory evidence entitling the Claimant or Defendant to Judgment of the Court is not given, the Court may suo-motu or on application non-suit the Claimant or the Defendant or the counterclaimant as the case may be.
Provided that the counsel to the parties shall have the right and be given the opportunity to make submissions about the propriety or otherwise of making such an Order before it is made.
Provided further that an order of non-suit shall not be made where the claim or counter-claim as the case may be, partly succeeds.
Rule 2 Hearing and determination of counter-claim to non-suit.
Notwithstanding the provisions of Rule 1 of this Order, where the defendant counterclaims, such a counter-claim shall be heard and be determined in accordance with the Rules of the Court as a separate suit.