Order 8 — Default of Appearance

Where any defendant fails to appear, a plaintiff may proceed upon default of appearance under the appropriate provisions of these Rules upon proof of service of the originating process.

Where the claim in the originating process is for a liquidated demand and the defendant fails, or all of several defendants, if more than one, fail to appear thereto, final judgment may be entered in favour of the plaintiff for any sum endorsed on the writ, together with interest at the rate specified, if any, or, if no rate is specified, at the rate of ten percent per annum to the date of judgment and costs.

Where the claim in the originating process is for a liquidated demand and there are several defendants of whom one or more appear and others fail to appear, a plaintiff may have final judgment entered for him, as in the preceding rule, against those who have not appeared and may execute the judgment without prejudice to his right to proceed with the action against those who have appeared.

Where in any action there are several defendants, and one of them is in default as mentioned in rule 1 of this order, the plaintiff may apply for final judgment against the defendant in default and issue execution upon such judgment without prejudice to his right to proceed with his action against the other defendants.

Where no appearance has been entered to an originating process for a defendant who is an infant or a person under legal disability, the plaintiff shall, before further proceeding with the action, apply to a Judge for an order that some person be assigned guardian of such defendant by whom he may appear and defend the action:

Provided that no such order shall be made unless it appears that the application was, after the expiration of the time allowed for appearance, and at least six clear days before the day named in such notice for the hearing of the application, served upon or left at the dwelling house of the person with whom or under whose care such defendant was at the time of serving such original process, and also in the case of such defendant being an infant not residing with or under the care of his father or guardian served upon or left at the dwelling house of the father or guardian, if any, of such infant, unless a Judge, at the time of hearing such application, dispenses with such last-mentioned service.

Where the claim in the originating process is for pecuniary damages or for detention of goods with or without a claim for pecuniary damages and the defendant or all of several defendants fail to appear, a plaintiff may apply for judgment against the defendant or defendants failing to appear.

(1) Where the claim in the originating process is for pecuniary damages or detention of goods with or without a claim of pecuniary damages, and the defendant or all of several defendants fail to appear, a plaintiff may apply to a Judge for judgment.

(2) The value of the goods and damages or the damages only as the case may be shall be ascertained in such manner and subject to the filing of such particulars as a Judge may direct before judgment in respect of that part of the claim.

(1) Where the claim in the originating process is for pecuniary damages, detention of goods with or without a claim for pecuniary damages and includes a liquidated demand, and any of the defendants fail to appear, a plaintiff may apply to a Judge for judgment.

(2) The value of the goods and damages or the damages as the case may be shall be ascertained in such manner and subject to the filing of such particulars as a Judge may direct before Judgement in respect of that part of the claim.

In any case to which rules 2, 3, 4, 6, 7 and 8 of this order do not apply and the defendant or all of several defendants fail to appear, but by reason of payment, satisfaction, abatement of nuisance, or any other reason, it is unnecessary for a plaintiff to proceed, he may apply to a Judge for Judgement for cost:

Provided that such application shall be filed and served in the manner in which service of the originating process was effected or in such manner as a Judge shall direct.

Where Judgement is entered pursuant to any of the preceding rules of this order, a Judge may set aside or vary such Judgement on just terms upon an application on notice by the defendant; the application shall be made within 14 days and shall be accompanied with treasury receipt showing payment of penalty for the period of default, and show a good defence to the claim and a just cause for the default.

In any other claim not specifically provided for under this order, where the party served with the originating process does not appear within the time prescribed in the originating process, a plaintiff may proceed as if appearance had been entered.