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ORDER 13
INTERLOCUTORY INJUNCTION, INTERIM
PRESERVATION OF PROPERTY
Application
for injunction
l. (1) The
Court may, by an interlocutory order grant
an injunction either unconditionally or upon
terms and conditions that the Court
considers just.
(2) A party
to a cause or matter may apply for the grant
of an injunction before, at or after the
trial of the cause or matter, whether or not
a claim for injunction is included in the
party's writ, counterclaim or other claim.
(3) The
applicant for an injunction shall attach to
the motion paper a supporting affidavit
which sets out fully the facts in support of
the application.
(4) A
respondent who desires to oppose the
application shall within seven days of being
served with the application file an
affidavit in opposition containing all the
facts the respondent seeks to rely on.
(5) In
case of urgency a party may make the
application ex parte, supported by an
affidavit.
(6) An
application made ex parte under
subrule (5) may be granted if the applicant
gives sufficient reason for making the
application ex parte and specifies
some irreparable damage or mischief which
will be caused to the applicant if the
applicant proceeds by giving notice to the
respondent.
(7) An order
made as a result of an application made
ex parte under subrule (5), shall not
remain in force for more than ten days.
(8) If an
application on notice is not made to extend
the order, the order shall lapse ten days
after it has been made.
(9) The
Court may, on application by a party
affected by an order made under subrule (1)
or (6), set aside the order on terms that
tne Court considers fit.
(10) A party
shall not make an application under this
rule before the issue of the writ or the
filing of a counterclaim or other claim
under these Rules.
Detention, preservation of property
2. (1) The
Court on the application of party to a cause
or matter may (a) make an order for
the detention, custody or preservation of
property which is the subject-matter of a
cause or matter or in respect of which a
question may arise in the action, or (b)
order the inspection of any property in
the possession of a party.
(2) In
furtherance of sub rule (1) the Court may by
the order authorise a person to enter land
or building in the possession of a party to
the cause or matter.
(3) Where
the right of a party to a specific fund is
disputed, the Court on the application of a
party to the cause or matter may order the
fund to be paid into Court or otherwise
secured.
(4) An order
under this rule may be made on terms that
the Court considers just.
Power to
order samples to be taken
3. (1)
Where the Court considers it necessary or
expedient for the purpose of obtaining full
information or evidence in any cause or
matter, the Court, by an order made on terms
that it considers just, may authorise or
require
(a)
a sample to
be taken of the property which is the
subject - matter of the cause or matter or
on which a question may arise; or
(b)
an
observation to be made or an experiment to
be conducted on the property.
(2) In
furtherance of subrule (1), the Court may by
the order authorise a person to enter any
land or building in the possession of a
party to the cause or matter.
Sale of
perishable property
4.
The Court
on the application of a party to a cause or
matter may make an order for the sale of any
perishable property
(a)
which is the
subject of the cause or matter, or
(b)
on which a
question may arise in the cause or matter
and which for
any other good reason it is desirable to sell
immediately.
Order for
early trial
5.
(1) Where an
application for
(a)
an
lnjunction,
{b}
the
appointment of a receiver, or
(c)
an order
under rules 2, 3, or 4
is made before
the trial of the cause or matter and the Court
thinks that the matter in dispute can be better
dealt with by an early trial rather than by
considering the whole merits of the application,
the Court may make an ?rder for an early trial
and may also make an order with respect to the
period before trial as the justice of the case
requires.
(2) Where the
Court grants an application for injunction or
the appointment of a receiver or an order under
rule 1,2,3, or 4, the order for injunction, the
appointment of a receiver or the order under
those rules shall lapse at the end of six months
from the date it is made unless the contrary is
stated in the order.
(3) An order
that lapses under sub rule (2) shall not be
renewed unless the applicant provides
substantial security to indemnify the party
against
whom the order
is made.
(4) The order
for substantial security shall be made despite
anything
contained in
rule 6.
Undertaking
as to damages
6.
(1) Where
an application made under rule 1 or 2 is
opposed, the
Court shall
before making an order require the applicant to
give an undertaking to cover any loss or damage
that the other party may suffer if it
turns out in the end that the applicant is not
entitled to the order.
(2) Where an
applicant gives an undertaking under subrule (1)
the Court shall,
(a)
at the end
of the proceedings in which the undertaking is
given, assess
the damage, if any, which the person who opposes
the application has suffered and which the
applicant is liable to pay for, and
(b)
give
judgment as the circumstances require.
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