(3)
Applications for consolidation may be made by summons or notice for directions in Chambers or
they may be made in Court by motion on notice.
ORDER 12
THE UNDEFENDED LIST
Undefended list: affidavit
1.
Whenever 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 thereto, 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 suitable to the
circumstances of the particular case.
Copies of affidavit to be served
2.
There shall be delivered by the Plaintiff to the Registrar for the issuance of the writ of summons
as aforesaid, 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.
Notice of Intention to defend.
3.
(1) If the party served with the writ of summons and affidavit delivers to the Registrar, not less than five
days before the day fixed for hearing, a notice in writing that he intends 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 think just.
(2)
Where leave 10 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)
Where pleadings are ordered the provisions of order 13 rule 3 of these Rules shall apply.
Judgment in undefended suit
4.
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 Judgment given thereon, without calling upon the plaintiff to summon
witnesses before the Court to prove his claim formally.
Oral evidence
5.
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.