Order 37 — Judgments and Orders

The Judge shall, at the pre-trial conference or after trial, deliver judgment in open court, and shall direct judgement to be entered.

Where any judgment is pronounced by a Judge, the judgment shall be dated as of the day on which such judgment is pronounced and shall take effect from that date unless the Judge otherwise orders.

When any judgment is directed to be entered by an order made on application for judgment, the judgment shall, unless the Judge otherwise orders, be dated as of the day on which the order is made and take effect from that date.

Unless otherwise ordered by the Court, interest shall be paid upon any judgment for the payment of money at a rate not exceeding 10% per annum from the date of judgement.

When any judgement or order directs the payment of money, the court may, for any good reason, order that the amount shall be paid in instalments, with or without interest. Such order may be made at the time of giving judgement, or at any time afterwards, and may be rescinded upon good cause at any time.

The Judge, at the time of making any judgment or order or at any time afterwards, may direct the time within which payment is to be made or other act is to be done, reckoned from the date of the judgement or order or from some other point of time, as the Judge deems fit, and may order interest at a rate not exceeding 10% per annum to be paid upon such judgement.

(1) Every judgement or order made in any cause or matter requiring any person to do an act shall state the time or the time after service of the judgement or order, within which the act is to be done;

(2) There shall be indorsed on the judgement or order a memorandum by the Registrar in the following words, viz:

“If you, the within-named A.B., neglect to obey this judgement (or order) by the time therein limited, you will be liable to process of execution for the purpose of compelling you to obey the said judgment (or order)”.

In any cause or matter where the Defendant has appeared by Legal Practitioner, no order for entering judgement shall be made by consent unless the consent of the Defendant is given by his Legal Practitioner or agent.

Where the Defendant has no Legal Practitioner, such order shall not be made unless the Defendant gives his consent in person in open court.

Where a Judge has written and signed a judgement pursuant to Rule 1 of this Order but was unable to deliver it due to ill health, death or any other reason, the judgement may be read by another Judge of the Court as the Chief Judge may direct.

Where satisfactory evidence is not given entitling the Plaintiff or Defendant to the judgement of the court, the Judge may, suo motu or on application, nonsuit the Plaintiff, but the parties’ Legal Practitioners retain the right to make submissions about the propriety or otherwise of making such order.

Every order shall be drawn up by the Registrar and signed by the Judge and it shall bear the date on which it was made, unless the Judge otherwise directs.

(1) Where an order has been made not embodying any special terms, nor including any special directions, but simply enlarging time for taking any proceeding or doing any act or giving leave –

(a) for the issue of any writ other than a writ of attachment;

(b) for the amendment of any writ or pleading;

(c) for the filing of any document; or

(d) for any act to be done by any officer of the Court other than a Legal Practitioner;

it shall not be necessary to draw up such order unless the Judge otherwise directs; but the production of a note or memorandum of such order signed by a Judge shall be sufficient authority for such enlargement of time, issue, amendment, filing or other act.

(2) A direction that the costs of such order shall be costs in any cause or matter shall not be deemed to be a special direction within the meaning of this Rule.

An order shall be sealed, and shall be marked with the name of the Judge by whom it is made.