Do you know that if you file a civil suit in the Court and if you have reasonable grounds to believe that the opponent doesn’t have a valid claim or a valid defense, you may try on applying an interlocutory application to dispose the case summarily? Instead of going on to a lengthily trial process? Today we are going to explore the various rules laid down in the Rules of Court 2012 and to see which application is suitable to summarily disposal your suit summarily:-
Please do take note that all interlocutory application is to be by way of Notice of Application supported by Affidavit and the application is to be heard in chambers (Order 32 Rule 1 Rules of Court 2012)
Order 14 Summary Judgment
If you are the Plaintiff, you file and serve the Writ and Statement of Claim, the Defendant had entered appearance and you have reasonable grounds to believe that the Defendant doesn’t have a valid defense, you may file an order 14 application to summarily dispose the case and the burden will shift to the Defense to prove that there is triable issue. If the defense fails to show, then the Judge may grant the application and the case is disposed off summarily.
Order 14A Summary Judgment for Point of Law
If you are a Plaintiff or the Defendant, if you believe that the case in hand can be settle by answering the point of law then either parties may choose to rely on this rule to dispose the case summarily.
Order 81 Summary Judgment for Specific Performance
If you are a Plaintiff, you may rely on this rule to have summary judgment for Specific Performance. The principle of this rule is more or less similar to the Order 14.
Default Judgment
Order 13 Judgment in Default
If the Defendant fails to enter appearance once the writ is served to him after 14 days, the Plaintiff may enter a Judgment in Default against the Defendant.
Order 19 Rule 1 Default in Service of Statement of Claim
Once the Defendant entered appearance, and the Plaintiff fails to served the Statement of Claim within 14 days, The Defendant may rely on this rule to dismiss Plaintiff’s Claim
Order 19 Rule 2-8 Default in Service of Defense
Once the Defendant entered appearance, and has failed to serve their defense the Plaintiff’s may rely these rules to apply a summary judgment against the Defendant.
Do take note that Order 19 rule 8 applies to Plaintiff who has failed to serve their defence to counterclaim.
Striking Out
Order 18 Rule 19
Either party may rely on these provisions to strike out the pleadings if it is found to be under the 4 limbs of these provision.
Preliminary Issues
Order 33 rule 3 read together with Order 33 rule 5
Any party may before the commencement of trial rely on this provision to summarily dispose the case if there are issues that can be disposed off summarily.
