Order 13
Appearance
1. (1) A defendant shall within the time limited in the writ or other originating process enter an appearance in the
manner hereinafter prescribed.
(2) A defendant shall enter an appearance by delivering to the registrar, the requisite documents, that is to say, a
memorandum of appearance in Form 11, in the Appendix to these Rules or where leave was obtained before
appearance, a notice in Form 12 in the Appendix to these Rules.
(3) The memorandum or notice shall be accompanied, where the defendant is an infant, by an affidavit sworn to
by his legal practitioner and the consent of his guardian as in Form 14 in the Appendix, to these Rules with such
variations as the circumstances may require, and a copy thereof.
(4) All the documents shall be signed by the legal practitioner by whom the defendant appears or, if the
defendant appears in person, by the defendant.
(5) On receipt of the requisite documents, the registrar shall, 'in all cases, enter the appearance in the Cause Book
and stamp the copies of the memorandum of appearance with the official stamp showing the date on which he
received those documents, and deliver one sealed copy thereof to the plaintiff or, as the case may be, his legal
practitioner.
2. (1) A defendant appearing in person shall state in the memorandum of appearance an address for service
which shall be within the jurisdiction.
(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 jurisdiction, and where any
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.
3. (1) If the memorandum does not contain an address for service, it shall not be accepted.
(2) If any address for service is illusory or fictitious or misleading, the appearance may be set aside by the Court
or a Judge in chambers on the application of the plaintiff.
4. If two or more defendants in the same action appear by the same legal practitioner and at the same time, the
names of all the defendants so appearing may be inserted in one memorandum.
5. (1) A defendant may appear at any time before judgment.
(2) If he appears at any time after the time limited by the writ for appearance, he shall not, unless the Court or a
Judge in chambers otherwise orders, be entitled to any further time for delivering his defence, or for any purpose,
than
if
he
had
appeared
according
to
the
writ
or
other
originating
process.
6. (1) Any person appearing to an action for the recovery of land shall be at liberty to limit his defence to a part
only of the property mentioned in the action, describing that part with reasonable certainty in his memorandum
of appearance.
(2) The appearance shall be in Form 13 in the Appendix to these Rules.
7. A defendant before entering an unconditional appearance shall be at liberty (without obtaining an order to
enter, or entering, a conditional appearance) to take out a summons to set aside the service upon him of the writ
or other process, or to discharge the order authorising the service.
8. The provisions of this Order shall not apply in actions commenced before the coming into operation of these
Rules.