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DISTRICT COURT (CIVIL PROCEDURE) RULES, 2004

 

      Rule        

 

ORDER 28

 JUDGEMENT

 

Delivery of judgement

1. (1) The decision or judgment in an action shall be delivered in open Court, unless for reasons to be stated in the record the Court otherwise directs.

(2) It is the duty of the Court to deliver judgment as soon as possible after the close of each case before it, and in any event not later than four weeks after the close of the case.

(3) In furtherance of subrule (2) a case is closed when the evidence has been given to the Court and the final addresses if any have been concluded.

(4) Where for any reason judgment is not delivered within the period of four weeks, the Court shall not later than seven days after the expiration of that period inform the Chief Justice in writing of that fact and shall state the reasons for the delay and the date on which the Court proposes to deliver judgment.

(5) Where judgment is not delivered within the period of four weeks, a party to the cause or matter may, in writing, notify the Chief Justice of that fact and request that a date be fixed for the delivery of judgment.

(6) On receipt of a notice from the Court or a party under subrule (4) or (5), the Chief Justice may fix a date for the delivery of judgment by the Court and notify the Court accordingly, and the Court shall ensure that judgment is delivered on the date fixed by the Chief Justice.

Notice when reserved

2. If the Court reserves judgment at the hearing, parties to the action shall be served with notice to attend and hear judgment, unless the Court at the hearing states the day on which judgment will be delivered, in which case there shall be no further notice.

When parties deemed to have had notice

3. Parties are deemed to have notice of the decision or judgment of the Court if the decision or judgment is pronounced at the hearing, and parties who have been served with notice to attend and hear the decision or judgment shall be deemed to have notice of the decision or judgment when pronounced whether they infact attend or not.

Minute of judgment: its effect

4. (1) Minutes of every judgment, whether final or interlocutory, shall be made and those minutes are a decree of the Court, and have the full force and effect of a formal decree.

(2) The Court may order a formal decree to be drawn up on the application of either party and that Formal Decree shall as near as may be as set out in Form 19 of the First Schedule.

Where set-off or counterclaim granted

5. If the defendant has been granted a set off or counterclaim· against the claim of the plaintiff, the judgment shall state the amount due

(a) to the plaintiff, and

(b) to the defendant

and the judgement shall be for the recovery of any sum which is due to either party.

Decree to be obeyed without demand

6. A person who is directed by a decree or order to pay money or do any other act shall obey the decree or order on being served, without any demand for payment or performance, and if a time for performance is not specified in the decree or order that person is bound to obey the decree or order immediately after the decree or order has been made unless the Court enlarges the time by a subsequent order.

Court may direct time for payment or performance, and interest

7. (1) The Court, at the time of giving judgment or making an order or at any time afterwards, may

(a) direct the time within which a payment is to be made or another act done, and

(b) order the payment of interest at the same rate as a High Court may order in the circumstances.

(2) The time for payment shall be reckoned from the date of the judgment or order or from some other point of time that the Court con­siders appropriate.

Payment by instalments

8. (1) Where a judgment or an order directs the payment of money, the Court may for any sufficient reason, order that the amount be paid by instalments, with interest.

(2) The order may be made at the time of giving judgment, or at any time afterwards by a Magistrate who has the necessary jurisdiction, and may be rescinded at any time on sufficient cause

 

 

 

 

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