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DISTRICT COURT (CIVIL PROCEDURE) RULES, 2004

 

      Rule        

 

 

ORDER 17

PAYMENT INTO COURT

 

Payment into Court upon notice

 

1. (l) In a suit for debt or damages, the defendant on notice in writing to the plaintiff may pay into Court at any time after service of the writ of summons, a sum of money

(a) in satisfaction of the claim, or

(b) where several causes of action are joined in the same action, in satisfaction of one or more of the causes of action.

(2) Where money is paid into Court in satisfaction of one or more of several causes of action the notice shall specify the cause or causes of action in respect of which the payment is made and the sum paid in respect of each cause of action unless the Court orders otherwise.

(3) The notice shall be as set-out in Form 10 or 10(A) of the First Schedule and shall

(a) state whether liablility is admitted or denied, and

                 (b) be acknowledged in writing by the plaintiff within three days of receipt.

(4) Where in a suit for debt or damages, the defendant tenders to any or all of the plaintiffs in the suit, personally, the sum of money claimed in debt or damages and the plaintiff or plaintiffs refuse to accept the sum of money tendered, the defendant ma y put up the defence of tender before trial, by paying the sum of money tendered into Court.

No intimation to Court of payment

2. Except in an action f-r) which a defence of tender before trial is pleaded, a statement of the fact that money has been paid into Court under the last preceding rule shall not be inserted in the pleading and communIcation of that fact shall not be made to the Court at the trial of a suit until questions of liability and amount of debt or damages have been decided.

Acceptance of sum paid

3. Where the defendant pays money into Court, the plaintiff may (a) accept the money paid in full satisfaction and discharge of the cause of action in respect of which it is paid, and

(b) apply by motion for payment of the money out of the Court to the plaintiff.

Stay of proceedings after payment

4. On hearing the motion referred to in rule 3(b), the Court shall make an order for

 

               (a) stay, in whole or in part, of further proceedings in the suit, and

(b) costs and other matters that the Court considers just

and the plaintiff in an action for libel or slander may make a statement in open Court in terms approved by the Court.

N on-acceptance of payment

5. The failure of a plaintiff to accept the payment of money under rule 4 shall be construed by the Court to be a claim for indebtedness which is greater than the sum paid into Court and in that case the Court in determining the suit and disposing of costs shall have regard to the fact of the payment into Court and the non-acceptance of the payment.

Order for payment into court to be obtained from Magistrate

6. Where in proceedings before the Court for the administration of the estate of a deceased person, or of a trust estate, a person desires to pay money into Court or deposit anything in Court, that person may doprovided the notice of payment into Court or deposit is provided to all persons affected by the proceedings.


 

 

 

 

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