Section 20: Appearance

ORDER 19 THIRD PARTY AND SIMILAR PROCEEDINGS 1. Third party notice 2. Application for leave to issue third party notice 3. Third party directions 4. Default of third party, etc. 5. Setting aside third party proceedings 6. Judgment between defendant and third party 7. Claims and issues between a defendant and some other party 8. Claims by third party and subsequent parties 9. Offer of contribution 10. Counterclaim by defendant ORDER 20 INTERPLEADER 1. Entitlement to relief by way of interpleader 2. Claim to goods, etc. taken in execution 3. Mode of application 4. Powers of Court hearing summons 5. Power to order sale of goods taken in execution 6. Power to stay proceedings v vi 7. Other powers 8. One order in several causes or matters 9. Discovery 10. Trial of interpleader issue ORDER 21 PLEADINGS 1. Service of statement of claim 2. Service of defence 3. Service of reply and defence to counterclaim 4. Set-off and counterclaim 5. Pleadings subsequent to reply 6. Pleadings: formal requirements 7. Facts, not evidence, to be pleaded 8. Matters which shall be specifically pleaded 9. Matters may be pleaded whenever arising 10. Departure 11. Points of law may be pleaded 12. Particulars of pleadings 13. Admissions and denials 14. Denial by joinder of issue 15. Statement of claim 16. Defence of tender 17. Striking out pleadings and indorsements 18. Close of pleadings 19. Trial without pleadings 20. Saving for defence under the Merchant Shipping Act, 2003 ORDER 22 DEFAULT OF PLEADINGS 1. Default of plaintiff in filing statement of claim 2. Default of defence: claim for liquidated demand 3. Default of defence: claim to unliquidated demand 4. Default of defence: claim for detention of goods 5. Recovery of land etc. 6. Default of defence: mixed claims 7. Default of defence: other claims 8. Where a defence is delivered to part of claim only 9. Default of defence to counterclaim 10. Action on mortgages 11. Setting aside of judgment ORDER 23 AMENDMENTS 1. Amendment of writ without leave 2. Amendment of appearance 3. Amendment of pleadings without leave 4. Application for disallowance of amendment made without leave 5. Amendment of writ or pleading with leave 6. Amendment of other originating process 7. Amendment of certain other documents 8. Failure to amend after order 9. Mode of amendment of writ, etc. 10. Amendment of judgment and orders 11. Amendment of pleadings by agreement ORDER 24 WITHDRAWAL AND CONTINUANCE 1. Withdrawal of entry of appearance 2. Discontinuance of action etc without leave 3. Discontinuance of action etc with leave 4. Effect of discontinuance 5. Stay of subsequent action until costs paid 6. Withdrawal of summons or motion ORDER 25 PAYMENT INTO AND OUT OF COURT 1. Payment into court 2. Payment in by defendant who has counterclaimed 3. Acceptance of money paid into court 4. Order for payment out of money accepted required in certain cases 5. Money remaining in court 6. Counterclaim 7. Non-disclosure of payment into court 8. Money paid into court under order 9. Payment out of money paid into court under the Exchange Control Act 10. Person to be paid 11. Payment out of small intestate estates 12. Written offers “without prejudicen save as to costs” vii viii ORDER 26 SECURITY FOR COSTS 1. Security for costs. 2. Manner of giving security 3. Saving for enactments ORDER 27 DISCOVERYAND INSPECTION OF DOCUMENTS 1. Mutual discovery of documents 2. Discovery by parties without order 3. Order for discovery 4. Order for determination of issue, etc. before discovery 5. Form of list and affidavit 6. Defendant entitled to copy of co-defendant’s list 7. Order for discovery of particular documents 8. Discovery to be ordered only if necessary 9. Inspection of documents referred to in list 10. Inspection of documents referred to in pleadings, affidavits and witness statements 11. Order for production for inspection 12. Provision of copies of documents 13. Order for production to court 14. Production to be ordered if necessary, etc. 15. Production of business books 16. Use of documents 17. Document disclosure of which would be injurious to public interest 18. Failure to comply with requirement for discovery, etc. 19. Revocation and variation of orders ORDER 28 SUMMONS FOR DIRECTIONS 1. Summons for directions 2. Duty to consider all matters 3. Admissions and agreements to be made 4. Limitation to right of appeal 5. Duty to give all information at hearing 6. Duty to make all interlocutory applications on summons for directions ORDER 29 INTERROGATORIES 1. Discovery and interrogatories 2. Form and nature of interrogatories 3. Interrogatories without order 4. Ordered interrogatories 5. Objections and insufficient answers 6. Failure to comply with order 7. Use of answers to interrogatories at trial 8. Revocation and variation of orders ORDER 30 EVIDENCE 1. Exchange of witness statements 2. Court to override provisions 3. Evidence at trial may be used in subsequent proceedings ORDER 31 AFFIDAVITS 1. Form of affidavit 2. Affidavit by two or more deponents 3. Affidavit by illiterate or blind person 4. Use of defective affidavit 5. Contents of affidavit 6. Scandalous etc. matters in affidavit 7. Alterations in affidavit 8. Affidavit not to be sworn before solicitor 9. Filing of affidavit 10. Use of original affidavit or office copy 11. Document to be used in conjunction with affidavit to be exhibited to it 12. Affidavit taken in other countries ORDER 32 EVIDENCE BY DEPOSITION: EXAMINERS OF THE COURT 1. Power to order depositions to be taken 2. Where person to be examined is out of the jurisdiction 3. Order for issue of letter of request 4. Examination otherwise than on oath ix x 5. Enforcing attendance of witness at examination 6. Refusal of witness to attend, be sworn, etc. 7. Appointment of time and place for examination 8. Examiner to have certain documents 9. Conduct of examination 10. Examination of additional witnesses 11. Objection to questions 12. Taking of depositions 13. Time taken by examiner to be indorsed on depositions 14. Special report by examiner 15. Order for payment of examiner’s fees 16. Perpetuation of testimony 17. Examiners of the Court 18. Assignment of examinations to examiners of Court 19. Obtaining assignment of examiner of Court 20. Fees and expenses of examiners of Court. ORDER 33 OBTAINING EVIDENCE FOR FOREIGN TRIBUNALS 1. Mode of obtaining evidence 2. Person to take and manner of taking evidence 3. Forwarding of examination 4. Manner of examination 5. Application by Attorney-General ORDER 34 ADMISSIONS 1. Admission of case of other party 2. Notice to admit 3. Judgment on admission 4. Admission and production of documents specified in list of 5. Notice to admit or produce documents ORDER 35 INTERLOCUTORY INJUNCTION, INTERIM PRESERVATION OF PROPERTY 1. Application for injunction 2. Detention, preservation of property 3. Power to order samples to be taken, etc. 4. Sale of perishable property 5. Order for early trial 6. Recovery of personal property subject to lien etc. 7. Directions 8. Allowance of income of property pendente lite 9. Undertaking as to damages ORDER 36 RECEIVERS 1. Application for receiver and injunction 2. Giving of security by receiver 3. Remuneration of receiver 4. Service of order and notice 5. Receiver’s account 6. Payment of balance by receiver 7. Receiver’s default 8. Directions to receivers 9. Appointment by way of equitable execution 10. Court may appoint receiver etc. 11. Application of rules as to appointment of receiver ORDER 37 SALE OF LAND BY ORDER OF COURT 1. Power to order sale of land 2. Manner of carrying out sale 3. Certifying result of sale 4. Mortgage, exchange or partition under Order of court 5. Reference of matters to conveyancing counsel 6. Objection to conveyancing counsel’s opinion 7. Obtaining counsel’s opinion on reference. ORDER 38 APPLICATION AND PROCEEDINGS IN CHAMBERS 1. Issue of summons 2. Application by summons 3. Length of summons 4. Adjournment of hearing 5. Proceeding in absence of one party 6. Reconsideration of ex-parte proceedings 7. Costs for non-attendance of party 8. Order made ex parte to be set aside xiixi 9. Issue of subpoena etc. to compel attendance of witness 10. Power to direct hearing in Court 11. Obtaining assistance of experts 12. Notice of filing of affidavit 13. Alteration in accounts to be initialled 14. Disposal of matters in chambers 15. Papers for use of Court etc. ORDER 39 PLACE AND MODE OF TRIAL 1. Place of trial 2. Mode of trial 3. Time etc of trial of questions or issues 4. Determination of place and mode of trial 5. Split trial: offer on liability 6. Trial with assistance of assessors ORDER 40 SETTING DOWN FOR TRIAL ACTION BEGUN BY WRIT 1. Application and interpretation 2. Tune for setting down action 3. Length of trial 4. Action for trial to be entered in Cause List 5. Notification of setting down 6. Default in applying for setting down 7. Case to be struck out 8. Abatement etc. of action 9. The court bundle 10. Failure to comply with rule 9. ORDER 41 PROCEEDINGS AT TRIAL 1. Failure to appear by both parties or one of them 2. Judgment by default may be set aside 3. Adjournment of trial 4. Addresses to Court 5. Inspection by Judge 6. List of exhibits 7. Custody of exhibits after trial 8. Impounded documents and exhibits 9. Proceedings after delay 10. Striking out for delays ORDER 42 COURT EXPERT 1. Appointment of expert to report on certain questions 2. Report of court expert 3. Experiments and tests 4. Cross-examination of court expert 5. Remuneration of court expert 6. Calling of expert witness ORDER 43 JUDGMENTS AND ORDERS 1. Declaratory judgment 2. Form of judgment or order 3. Time for doing an act under judgment or order 4. Date of judgment pronounced in court 5. Date of entry otherwise 6. Orders required to be drawn up 7. Drawing up and entry of judgment or order 8. Payment by instalments 9. Judgment by consent where defendant appears by solicitor 10. Register of judgments 11. Service of notice of judgment on person not a party 12. Directions by Court 13. Application of rules 5 to 8 14. Advertisements for creditors and other claimants 15. Examination of claims 16. Adjudication on claims 17. Notice of adjudication 18. Interest on debts. ORDER 44 ACCOUNTS AND INQUIRIES 1. Summary order for account 2. Court may direct taking of accounts etc. 3. Directions as to manner at taking account or making inquiry xiii xiv 4. Account to be made, verified etc. 5. Notice to be given of alleged omissions, etc in account 6. Allowances 7. Delay in prosecution of accounts 8. Distribution of fund before all persons entitled are ascertained 9. Guardian’s accounts ORDER 45 RECIPROCAL ENFORCEMENT OF JUDGMENTS 1. Interpretation 2. Application for leave 3. Application to be supported by affidavit 4. Title of summons 5. Security for costs 6. Form of order 7. Register of judgments to be kept in Master’s office 8. Form of register 9. Notice of registration 10. Form of notice 11. Application to set aside registration 12. Summons to be set aside 13. Execution 14. Form of writ of execution 15. Certified copy of judgment 16. Certified copy to be office copy ORDER 46 ENFORCEMENT OF JUDGMENTS AND ORDERS 1. Enforcement of judgment, etc. for payment of money 2. Notice of seizure 3. Enforcement of judgment for possession of land 4. Enforcement of judgment for delivery of goods 5. Enforcement of judgment to do or abstain from doing any act 6. Judgment, etc. requiring act to be done: order fixing time for doing it 7. Service of copy of judgment; etc., prerequisite to enforcement under rule 5 8. Court may order act to be done at expense of disobedient 9. Execution by or against person not being a party 10. Conditional judgment: waiver 11. Matters occurring after judgment: stay of execution, etc. 12. Forms of writs 13. Enforcement of judgments and orders for recovery of money, etc. 14. Signing judgment for costs under deemed order. ORDER 47 WRITS OF EXECUTION – GENERAL 1. Definition 2. When leave to issue any writ of execution is necessary 3. Leave required for issue of writ in aid of other writ 4. Application for leave to issue writ 5. Application for leave to issue writ of sequestration 6. Issue of writ of execution 7. Duration and renewal of writ of execution 8. Returns to writ of execution ORDER 48 WRITS OF FIERI FACIAS 1. Nature of writ of fieri facias 2. Two or more writs of fieri facias 3. Separate writs to enforce payment of costs 4. Methods of putting writ into effect 5. Service of prohibitory orders 6. Unauthorised alienation during attachment void 7. Payment of money and proceeds of sale 8. Sales in execution of judgment 9. Periods of notice of sale 10. Setting aside sale for irregularity 11. Withdrawal on satisfaction of judgment 12. Power to stay execution by writ of fieri facias ORDER 49 EXAMINATION OF JUDGMENT DEBTOR 1. Order for examination of judgment debtor 2. Examination of party liable to satisfy other judgment 3. Cost of application under rules 1 and 2 xv xvi ORDER 50 GARNISHEE PROCEEDINGS 1. Attachment of debt due to judgment debtor 2. Application for order 3. Service and effect of order to show cause 4. No appearance or dispute of liability by garnishee 5. Dispute of liability by garnishee 6. Claims of third persons 7. Judgment creditor outside Sierra Leone 8. Discharge of garnishee 9. Money in court 10. Costs ORDER 51 COMMITTAL FOR CONTEMPT OF COURT 1. Committal for contempt of Court 2. Application to Court 3. Saving for power to commit without application for the purpose 4. Provisions as to hearing 5. Contempt in face of Court 6. Power to suspend execution of committal order 7. Discharge of person committed 8. Saving for other powers ORDER 52 APPLICATION FOR JUDICIAL REVIEW 1. Cases appropriate for application for judicial review 2. Joinder of claims for relief 3. Time for making application 4. Mode of application 5. Notice of application 6. Hearing of application 7. Prohibition, certiorari, etc. 8. Certiorari 9. Injunction or declaration 10. Protection for person acting in obedience to mandamus ORDER 53 HABEAS CORPUS 1. Application for habeas corpus ad subjiciendum 2. Power of court to which ex parte application is made 3. Copies of affidavits to be supplied 4. Power to order release of persons restrained 5. Directions as to return of writ 6. Service of writ and notice 7. Return to the writ 8. Procedure at hearing of writ 9. Bringing up prisoner to give evidence, etc. 10. Form of writ ORDER 54 ARREST OF ABSCONDING DEFENDANT 1. Defendant leaving the jurisdiction: application for security 2. Indorsement of order to arrest defendant 3. Bail for appearance 4. Deposit in lieu to bail 5. Committal in default of security or deposit 6. Money to be under control of Court 7. Jurisdiction of Court 8. Cost of keeping the arrested person 9. Application to the Court 10. Date of arrest ORDER 55 CONTENTIOUS PROBATE PROCEEDINGS 1. Application and interpretation 2. Requirements in connection with issue of writ 3. Parties to action for revocation of grant 4. Lodgement of grant in action for revocation 5. Affidavit of testamentary scripts 6. Failure to enter appearance 7. Service of statement of claim 8. Counterclaim 9. Contents of pleadings 10. Default of pleadings 11. Intervention 12. Discontinuance xviiixvii ORDER 56 ADMIRALTY PROCEEDINGS 1. Application and interpretation 2. Certain actions to be assigned to Admiralty 3. Issue of writ and entry of appearance 4. Service of writ out of jurisdiction 5. Warrant of arrest 6. Caveat against arrest 7. Remedy where property protected by caveat is arrested 8. Service of writ in action in rem 9. Committal of solicitor failing to comply with undertaking 10. Execution, etc. of warrant of arrest 11. Service on ships, etc: how effected 12. Directions with respect to property under arrest 13. Release of property under arrest 14. Caveat against release, etc. 15. Duration of caveats 16. Bail 17. Interveners 18. Preliminary acts 19. Failure to lodge preliminary act: proceedings against party in default 20. Special provisions as to pleadings in collision, etc. actions