Order 8 — Appearance

(1) A Defendant served with an Originating Process shall, within the period prescribed in the process for appearance, file in the Registry the original copy of a duly completed and signed Memorandum of Appearance as in Form 11 with such modifications or variations as circumstances may require.

(2) On receipt of the Memorandum of Appearance, the Registrar shall make entry thereof, sign and stamp the copy indicating the date and time of the entry of appearance, and return the signed and stamped copy to the person entering the appearance.

(3) A Defendant entering appearance shall, not later than five days thereafter, serve a signed and stamped copy of the Memorandum of Appearance on the Claimant’s Legal Practitioner or on the Claimant, if he sues in person.

(1) A Defendant appearing in person shall state in the Memorandum of Appearance, an address for service which shall be within the State.

(2) Where a Defendant appears by a Legal Practitioner, the Legal Practitioner shall state in the Memorandum of Appearance his place of business and an address for service which shall be within the State and where any such Legal Practitioner is only the agent of another Legal Practitioner, he shall also insert the name and place of business of the principal Legal Practitioner.

The Registrar shall not accept any Memorandum of Appearance which does not contain an address for service. If any such address is illusory, fictitious or misleading, the appearance may be set aside by a Judge on the application of a Claimant.

If two or more Defendants in the same action appear through the same Legal Practitioner, the Memorandum of Appearance shall include the names of all Defendants.

If a Defendant files a Memorandum of Appearance after the time prescribed in these Rules, he shall pay to the Court an approved additional fee as in the Schedule of Fees for each day of default. If the Defendant appears late but within the time prescribed for filing his defence, he shall file his defence within that time.

In probate matters, any person not named in the Originating Process may intervene and appear in the matter upon filing an affidavit showing his interest in the estate of the deceased.

Any person not named as a Defendant in an Originating Process for recovery of land may, with leave of a Judge, appear and defend on filing an affidavit showing that he is in possession of the land either by himself or through his tenant.

Any person appearing to defend an action for the recovery of land as landlord, in respect of property of which he is in possession only through his tenant, shall state in his appearance that he appears as landlord.

A person under legal disability shall enter an appearance by his guardian or counsel.

In this Order the word “Tenant” includes a sub-tenant or any person occupying any premises whether on payment of rent or otherwise.