Order 28 — Interlocutory Injunctions and Interim Preservation of Property

(1) A party to an action may apply for the grant of an injunction before, during 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 plaintiff and the case is urgent the application may be made ex parte on affidavit, except as aforesaid, the application shall be made by motion on notice or summons.

(3) The plaintiff may not make the application referred to in this rule before the issue of the process by which the action is to be begun, except where the case is urgent, and in that case the injunction applied for may be granted on terms providing for the issuance of the process and service of the process with the ex parte order obtained on the defendant 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 such property in the possession of a party to the action.

(2) 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 upon any land or building in the possession of a 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 otherwise secured.

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

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

(6) Unless the Court otherwise directs, an application by the defendant for an order under this rule may not be made before he enters an appearance.

(1) Where it considers it necessary or expedient for the purpose of obtaining full information or evidence in any action, the Court may, on the application of a party and on such terms as it thinks just, by order:

(a) authorize or require any sample to be taken of any property which is the subject matter of the action or as to which any question may arise;

(b) any observation to be made on the property; or

(c) any experiment to be tried on or with the property.

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

(3) Rule 2 (5) and (6) of this order shall apply in relation to an application for an order under this rule.

(1) 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 question arises 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 and the proceed paid to Court.

(2) Rule 2 (5) and (6) 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 the trial of a cause or matter, for an injunction or appointment of a receiver or an order under rules 2, 3, or 4 of this order, or it appears to the Court that the matter in dispute can be better dealt with by an early trial than by considering the whole merit thereof for the purposes of the application, the Court may make an order accordingly or may make such order with regard to the period before trial as the justice of the case requires.

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

Where the plaintiff or the defendant through a counter-claim, claims the recovery of a 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, at any time after the claim to be so entitled appears, from the pleadings or by affidavit or otherwise to its satisfaction, may order that:

(a) 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; and

(b) such further sum if any for interest and cost as the Court may direct and that,

upon the payment being made, the property claimed be given up to the party claiming it, but subject to the provisions of any law relating to exchange control.

Where an application is made under any of the foregoing provisions of this order, the Court may give directions as to the further proceedings in the action.

(1) Where any real or personal property forms the subject matter of any proceeding, and the Court is satisfied that it will be more than sufficient to answer the claim for which provision ought to be made in the proceedings, the Court may:

(a) at any time allow 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; or

(b) direct that any part of the personal property be transferred or delivered to any or all such parties.