Order 11 — Summary Judgement and Undefended List

Where a Claimant believes that there is no defence to his claim, he shall file with his Originating Process, the Statement of Claim, copies of documents to be relied upon, the Written Statement on Oath of his Witnesses, and an application for Summary Judgement which application shall be supported by an affidavit stating the grounds for his belief and a Written Address in respect thereof.

A Claimant shall deliver to the Registrar as many copies of all the processes and documents referred to in Rule 1 of this Order as there are Defendants.

Service of all the processes and documents referred to in Rule 1 of this Order shall be effected in the manner provided under these Rules.

Where a party served with the processes and documents referred to in Rule 1 of this Order intends to defend the suit, he shall, not later than fourteen days, file:
(a) His Statement of Defence;
(b) Written Statement on Oath of his Witnesses;
(c) Documents to be relied upon;
(d) Counter Affidavit; and
(e) A Written Address in reply to the application for Summary Judgement.

(1) Where it appears to a Judge that a Defendant has a good defence and ought to be permitted to defend the claim, he may be granted leave to defend.

(2) Where it appears to a Judge that the Defendant has no good defence, the Judge may thereupon enter Judgement for the Claimant without calling on the Claimant to prove his case formally.

(3) Where it appears to a Judge that the Defendant has a good defence to part of the claim but no defence to other parts of the claim, the Judge may thereupon enter Judgement for that part of the claim to which there is no defence and grant leave to defend that part to which there is a defence.

Where there are several Defendants and it appears to a Judge that any of the Defendants has a good defence and ought to be permitted to defend the claim while other Defendants do not have a good defence and ought not to be permitted to defend, the former may be permitted to defend and the Judge shall enter Judgement against the latter.

Nothing in this Order shall preclude the Court from hearing or requiring oral evidence should it be deemed fit at any stage of the proceedings under the Summary Judgement.

(1) Where a Claimant in respect of a claim to recover a debt or liquidated money demand believes that there is no defence to his claim, he shall make an application to a Court for the issue of a Writ of Summons in respect of the claim to recover such debt or liquidated money demand, and shall support the application by an affidavit setting forth the grounds upon which the claim is based and stating that in the deponent’s belief, there is no defence thereto.

(2) The Court shall, if satisfied that there are good grounds for believing that there is no defence thereto, enter the suit for hearing in what shall be called the “Undefended List” and mark the Writ of Summons accordingly and enter thereon a date for hearing.

Where the suit is entered in the Undefended List and the Writ of Summons issued and marked as aforesaid, the Claimant shall file as many copies of the above mentioned Affidavit as there are parties against whom relief is sought and the Registrar shall annex one such copy to each copy of the Writ of Summons for service.

(1) Where the party served with the Writ of Summons and affidavit files within seven days a Notice in writing of his intention to defend the suit, together with an Affidavit disclosing a defence on the merit, the Court may give him leave to defend upon such terms as the Court may deem just.

(2) Where leave to defend is given under this Rule, the action shall be removed from the Undefended List and placed on the Ordinary Cause List and the parties shall, within such time as the Court may direct, file their pleadings, list of their witnesses, their Written Statements on Oath and every document they intend to rely upon at the trial in accordance with these Rules.

Where any Defendant neglects to deliver the Notice of intention to defend and affidavit prescribed by Rule 10 sub-(1) of this Order or is not given leave to defend by the Court, the suit shall be heard as an undefended suit, and Judgement given thereon, without calling upon the Claimant to prove his case formally.

Nothing herein shall preclude the Court from hearing or requiring oral evidence should it deem fit, at any stage of the proceedings under the Undefended List.