Law library · Sierra Leone · The Commercial and Admiralty Court Rules, 2020
Section 17, The Commercial and Admiralty Court Rules, 2020
Status not yet checkedThe Commercial and Admiralty Court Rules, 2020, Sierra Leone
(1) A defendant who makes an admission pursuant to Rule (1) of Order 34 of the High Court Rules 2007, may request for
time to pay the amount admitted.
(2) The defendant's request shall be-
(a) filed with his admission;
(b) supported by a statement of his financial
position including details of all his bank
accounts.
(3) The statement referred to in paragraph (a) of sub-rule
(2) shall be verified on oath by the defendant as being correct and
may be used as evidence of the defendant's financial position at the
date it was signed in any subsequent proceedings with regard to the
enforcement of any judgment given upon the plaintiff's claim.
(4) Where a defendant files an admission of the claim,
the Court shall enter judgment on the amount claimed and admitted.
(5) Where the plaintiff does not accept the defendant's
offer as to the time of payment, he shall state his reasons for rejecting
the defendant's proposal as to the time of payment.
(6) The Court shall consider the defendant's request to
pay and the plaintiff's objection thereto and make orders as to the
instalment payable and interest if claimed on such terms as the Court
deems fit.
(7) Where a defendant fails to make any of the instalments
which are due, the defendant's right to pay by instalment shall be
abrogated and the plaintiff shall be entitled to execute the order for
the outstanding sum in full without further notice.
PART V-INTERLOCUTORYAND INTERIM APPLICATIONS
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