Article 30 Devolution: admissions direct and disposals

For Order 9, rule 3, there shall be substituted the following newrule—

“Admission of part or request for time in default action

3

(1)

Where the defendant admits part of the plaintiff ’s claim or admitsthe whole or part of the plaintiff ’s claim and makes a request for timefor payment, the plaintiff may, if he accepts the amountadmitted,—

(a)

in an action to which rule 2(3) applies, on filing a request in theappropriate form and certifying the terms of the defendant’s admission,have judgment entered for the amount so admitted and costs (less anypayments made);

(b)

where the amount admitted is less than the amount claimed and theplaintiff accepts any proposal as to the time of payment, on filing arequest in the appropriate form, stating what (if any) payment has beenmade, have judgment entered for the amount so admitted and costs (lessany payments made); or

(c)

give notice that he accepts the amount so admitted but not theproposal as to time of payment.

(2)

A plaintiff ’s notice under paragraph (1)(c) shall be given in theappropriate form and shall—

(a)

give his reasons for the non-acceptance;

(b)

state what (if any) payments have been made; and

(c)

where the defendant sent his admission direct to the plaintiffpursuant to rule 2(3), be accompanied by a copy of the defendant'sadmission.

(3)

Upon receipt of the plaintiff ’s notice under paragraph (1)(c), theproper officer shall determine the time of payment and enter judgmentaccordingly.

(4)

Any party affected by a judgment entered under paragraph (3) may,within 14 days of service of the judgment on him and giving his reasons,apply on notice for the order as to time of payment to be re-consideredand, where such an application is made—

(a)

the proceedings shall be automatically transferred to thedefendant’s home court if the judgment or order was not given or made inthat court;

(b)

the proper officer shall fix a day for the hearing of theapplication before the district judge and give to the plaintiff and thedefendant not less than 8 days' notice of the day so fixed.

(5)

On hearing an application under paragraph (4), the district judgemay confirm the order or set it aside and make such new order as hethinks fit, and the order so made shall be entered in the records of thecourt.

(6)

Where the defendant admits part of the plaintiff ’s claim and theplaintiff notifies the proper officer that he does not accept the amountadmitted,

(a)

the proceedings shall be automatically transferred to thedefendant’s home court if the action was not commenced in that court;

(b)

the proper officer shall fix a day for a pre-trial review or, if hethinks fit, a day for the hearing of the action and give to theplaintiff and defendant not less than 8 days' notice of the day sofixed.

(7)

Where the action is for unliquidated damages and the defendantdelivers an admission of liability for the claim but disputes or doesnot admit the amount of the plaintiff ’s damages, then—

(a)

if the defendant offers to pay in satisfaction of the claim aspecific sum which the plaintiff accepts, the provisions of this ruleshall apply as if the defendant had admitted part of the plaintiff 'sclaim; and

(b)

in any other case, the plaintiff may apply to the court for suchjudgment as he may be entitled to upon the admission, and the court maygive such judgment, including interlocutory judgment for damages to beassessed and costs, or make such other order on the application as itthinks just.

(8)

Where it appears that the proper officer’s notice under rule 2(7) orthe judgment under paragraph (3) above did not come to the knowledge ofthe party to be served in due time, the district judge may of his ownmotion or on application set aside the judgment and may give suchdirections as he thinks fit.”.