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DISTRICT COURT (CIVIL PROCEDURE) RULES, 2004

 

      Rule        

 

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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