Order 54 — Order 54 – Summary Proceedings for Possession of Landed Property Occupied by Squatters or Without the Owner's Consent

This order shall not apply where the person in occupation of land is:

(a) a tenant; or

(b) a tenant holding over after termination of a tenancy; or

(c) a licensee of the owner or person entitled to possession; or

(d) a person who had the consent of the predecessor in title of the person who is entitled to possession.

(1) Where a person claims possession of land which he alleges is occupied solely by a person not listed in Rule 1 under this Order, proceedings may be brought by originating summons in accordance with the provisions of this Order.

(2) The originating summons shall be in Form 37 and no acknowledgement of service shall be required.

The Plaintiff shall file in support of the originating summons an affidavit stating:

(a) the Plaintiff’s interest in the land;

(b) the circumstances in which the land has been occupied without licence or consent and in which the claim to possession arises; and

(c) that the Plaintiff does not know the name of any person occupying the land who is not named in the summons.

(1) Where any person in occupation of the land is named in the originating summons, the summons together with a copy of the affidavit in support shall be served on the person:

(a) personally or in accordance with Order 7 Rule 1(2); or

(b) by leaving a copy of the summons and of the affidavit or sending them to the person at the premises; or

(c) in such other manner as the Judge may direct.

(2) The summons shall, in addition to being served on the named Defendants, if any, in accordance with sub-rule 1 of this Rule be served, unless the Judge otherwise directs, by:

(a) affixing a copy of the summons and a copy of the affidavit to the main door or other conspicuous part of the premises; and

(b) if practicable, inserting through the letter box at the premises, a copy of the summons and a copy of the affidavit enclosed in a sealed envelope addressed to “the occupiers”.

(c) placing stakes in the ground at conspicuous parts of the occupiers land, to which shall be affixed a sealed transparent envelope addressed to “the occupiers” and containing a copy of the summons and the affidavit.

(3) Every copy of an originating summons for service under sub-rule 1 or 2 of this Rule shall be sealed with the seal of the Court out of which the summons was issued.

Without prejudice to Order 13 Rule 16 of these Rules, any person not named as a Defendant, who is in occupation of the land and wishes to be heard on the question whether an order for possession should be made, may apply at any stage of the proceedings to be joined as a Defendant.

(1) An order for possession in proceedings under this Order shall be in Form 38 with such variations as circumstances may require.

(2) Nothing in this Order shall prevent the Judge from ordering possession to be given on a specified date, in the exercise of any power which could have been exercised if possession had been claimed in an action begun by Writ.

No writ of possession to enforce an order for possession under this Order shall be issued after the expiration of 3 months from the date of the order without the leave of the Judge. An application for leave may be made ex-parte unless the Judge otherwise directs.

(1) The Judge may, on such terms as the Judge deems fit, set aside or vary any order made in any proceedings under this Order.

(2) In this Order “landed property” means land with or without building thereon.