LECTURE 10: SUMMARY PROCEDURE

DISPOSAL OF SUITS BY
SUMMARY PROCEDURE
Summary Procedure O.36
 There are areas in respect of which a summary
procedure may arise:
1. Where the relief sought by the Plaintiff is for a
debt or a liquidated claim;
2. Where the claim is for recovery of land with or
without a claim for rent and mesne profits by a
landlord from a tenant whose term has
expired/determined
a) by notice to quit;
b) forfeited for non-payment
c) for breach of covenant
 The application has to be made after appearance
has been entered but before defence is filed
 Where the defendant has entered an appearance
but not filed a defence, the plaintiff may apply for
judgment
a) for the amount claimed; and
b) for interest; or
c) for recovery of land and rent; or
d) mesne profits
 If the claim is a liquidated claim, the judgment is
final
 If unliquidated an interlocutory judgment shall
pursue and plaintiff to set down suit for
The Procedure
 Applications for summary procedure are made by
way of Notice of Motion supported by an
Affidavit, as under Form 24, Appendix A (r.9),
either sworn by the Applicant’s themselves or a
person who can swear positively to the facts
verifying the cause of action.
 Notice of not less than 7 days should be given to
the defendant
The court’s response
 The application should not be dismissed if it falls
within the four corners of the Order
 If there are no triable issues the court can give
judgment for the plaintiff
 If :
a) the application is not within the four corners of
the Order; or
b) that the applicant knew the defendant’s
contention entitled him to an unconditional
leave to defend the suit.
 The court may:
a) dismiss the application by the plaintiff with
costs, especially in (b) above - r. 8(2); and
b) have the case restored; and
c) grant the defendant leave to defend the suit,
unconditionally or with such terms as to giving
security or time of trial as the court deems r.7
 The defendant may show either by affidavit, or
by oral evidence that he should have leave to
defend the suit - r. 2
The government r. 3
 When an application for summary procedure is
by Govt, the affidavit may be verified by the AG;
 Stating:
a) to the best of his knowledge and belief the
plaintiff is entitled to the relief claimed; and
b) There is no defence to the action

 However, no such action may be made against

the Govt r.3(2)
The defendant
 The defendant may show either by affidavit or by
oral evidence that he should have leave to defend
the suit r.2
 If the defendant is granted leave by the court as
under Form 25 (Order for leave to defend r.9) he
shall have the chance to defend the suit and he
shall file his defence within 14 days of the grant
of leave r.4
 If the defendant:
a) defence applies only to a part of the plaintiff’s
claim; or
b) any part of the claim is admitted
 the plaintiff shall have judgment immediately for
the part of the claim that is not defended or that
part that is admitted, subject to such terms as:
1) suspending execution; or
2) payment of amount realized into court; or
3) the taxation of costs
 The defendant will be allowed to defend the rest
of the plaintiff’s claim
Costs r. 8
 The costs of this applications under this Order
shall be dealt with by the court on the hearing of
the application,
 The court shall order by and to whom, and when
the costs shall be paid, or may reserve them to be
dealt with at the trial
 If no trial takes place, or no order as to costs is
made, the costs are to be costs in the cause.
R.8(1)
Judgment can be set aside
 The judgment against any party who did not
attend may be set aside or varied on such terms
as are just (r.10)