Order 12 — The Undefended List
Rule 1 Undefended list: affidavit.
(1) Where an application is made to a Court for the issuance of a writ of summons in respect of a claim to recover a debt or liquidated money demand and the application is supported 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 to it, the Court shall, if satisfied that there is good ground for believing that there is no defence to it, enter the suit for hearing in what shall be called the “Undefended List”.
(2) In pursuance to sub-rule (1) of this rule, the Court shall mark the writ of summons accordingly and enter a date for hearing suitable to the circumstances of the particular case.
Rule 2 Copies of affidavit to be served.
The plaintiff shall deliver as many copies of the affidavit referred to in rule 1 of this order as there are parties against whom relief is sought, to the Registrar for the issuance of the writ of summons and the Registrar shall annex the affidavit to each copy of the writ of summons for service.
Rule 3 Notice of intention to defend.
(1) Where the party served with the writ of summons and affidavit delivers to the Registrar, in not less than 5 days before the day fixed for hearing, a notice in writing that he intends to defend the suit, with an affidavit disclosing a defence on the merit, the Court may give him leave to defend upon such terms as the Court may think 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 Court may order pleadings, or proceed to hearing without further pleadings.
(3) The provisions of order 13 rule 3 of these Rules shall apply where pleading is ordered.
Rule 4 Judgement in undefended suit.
Where any defendant neglects to deliver the notice of defence and affidavit prescribed by rule 3 (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 plaintiff to summon witnesses before the Court to prove his claim formally.
Rule 5 Oral evidence.
Nothing herein shall preclude the Court from hearing or requiring oral evidence, if it so thinks fit, at any stage of the proceedings under rule 4 of this order.