Order 24 — Payment Into and Out of Court

(1) Where after service in any proceeding for debt or damages, a Defendant envisages an intention to pay money into court in respect of the proceeding, the Defendant shall notify the Chief Registrar who will thereupon direct the Defendant to pay the money into an interest yielding account in a commercial bank and the Defendant shall file the teller for such payment with the Chief Registrar.

(2) Where a teller for payment is filed under sub-rule 1, the Chief Registrar, shall forthwith give notice of the payment to the Plaintiff who may apply to a Judge for an order to withdraw the amount so paid.

(3) Where a defence of tender before action is set up, the sum of money alleged to have been tendered shall be brought into Court.

(4) The Defendant may, without leave, give a written notice to the Chief Registrar of any intention to increase the amount of any sum paid into Court.

(5) Where the money is paid into Court in satisfaction of one or more of several causes of action, the notice shall specify the cause of action in respect of which payment is made and the sum paid in respect of each such cause of action unless a Judge otherwise directs.

(6) The notice shall be in Form 13 with such modifications or variations as circumstances may require. The receipt of the notice shall be acknowledged in writing by the Plaintiff within 3 days. The notice may be modified or withdrawn or delivered in an amended form by leave of a Judge upon such terms as may be just.

(7) Where money is paid into Court with denial of liability, the Plaintiff may proceed with the action in respect of the claim, and the balance, if any, shall, on the order of a Judge, be repaid to the Defendant. Where the Defendant succeeds in respect of such claim, the whole amount paid into court shall be repaid to the defendant on the order of a Judge.

(1) Where money is paid into Court under Rule 1 of this Order, the Plaintiff may, within 14 days of the receipt of the notice of payment into Court or, where more than one payment into Court has been made, within 14 days of the receipt of the notice of the last payment into Court, accept the whole sum or any one or more of the specific sum in satisfaction of the cause or causes of action to which the specified sum or sums relate by giving notice to the Defendant in Form 14 with such modifications or variations as circumstances may require and thereupon shall be entitled to receive payment of the accepted sum or sums in satisfaction as aforesaid.

(2) Payment shall be made to the Plaintiff or, on the Plaintiff’s written authority, to the Plaintiff’s Legal Practitioner and thereupon proceedings in the action or in respect of the specified cause or causes of action (as the case may be) shall be stayed.

(3) If the Plaintiff accepts money paid into Court in satisfaction of the claim or accepts a sum or sums paid in respect of one or more specified causes of action, and gives notice of abandoning the other causes of action, the Plaintiff may, after 4 days from payment out and unless a Judge otherwise orders, tax the Plaintiff’s costs incurred to the time of payment into Court, and 48 hours after taxation may sign judgment for the taxed costs.

(4) Where in an action for libel or slander, the Plaintiff accepts money paid into Court, either party may apply by summons to a Judge for leave for the parties or either of them to make a statement in open Court in terms approved by the Judge.

If the whole of the money in Court is not taken out under Rule 2, the money remaining in Court shall not be paid out except in satisfaction of the claim or specified cause or causes of action in respect of which it was paid in pursuance of an order of a Judge which may be made at any time before, at or after trial.

(1) Money may be paid into Court under Rule 1 of this Order by one or more of several Defendants sued jointly or in the alternative upon notice to the other Defendant or Defendants.

(2) If the Plaintiff elects within 14 days after receipt of notice of payment into Court to accept the sum or sums paid into Court, the Plaintiff shall give notice as in Form 15 with such modifications or variations as circumstances may require to each Defendant and thereupon all further proceedings in the action or in respect of the specified cause or causes of action (as the case may be) shall abate.

(3) The money shall not be paid out except in pursuance of an order of a Judge dealing with the whole cause or causes of action.

(4) In an action for libel or slander against several Defendants sued jointly, if any Defendant pays money into Court, the Plaintiff may, within 14 days, elect to accept the sum paid into Court in satisfaction of the claim against the Defendant making the payment and shall give notice to all the Defendants as in Form 14 with such modifications or variations as circumstances may require. The Plaintiff may tax the costs against the Defendant who has made such payment in accordance with Rule 2(3) of this Order and the action shall abate against that Defendant.

A person made a Defendant to a counterclaim may pay money into court in accordance with the foregoing Rules, with necessary modifications.

(1) In any proceeding in which money or damages is or are claimed by or on behalf of a person under legal disability suing either alone or in conjunction with other parties, no settlement or compromise or payment or acceptance of money paid into court, whether before, at or after the trial, shall, as regards the claims of any such person, be valid without the approval of a Judge.

(2) No money (which expression for the purposes of this Rule includes damages) in any way recovered or adjudged or in respect of the claims of any such person under legal disability whether by judgement settlement, compromise, payment into court or otherwise, before, at or after the trial shall be paid to the Plaintiff or to the guardian of the Plaintiff or to the Plaintiff’s Legal Practitioner unless a Judge shall so direct.

(3) All money so recovered or adjudged or ordered or awarded or agreed to be paid shall be dealt with as the Judge shall direct. The directions thus given may include any general or special directions that the judge may deem fit to give, including directions on how the money is to be applied or dealt with and as to any payment to be made either directly or out of money paid into court to the Plaintiff or to the guardian in respect of moneys paid or expenses incurred.

Every application for the withdrawal of any money under this Order shall be made ex-parte.