Article 5 Appropriation

For Rule 28 there shall be substituted the following Rule—

“Appropriation

28

(1)

Where a defendant has lodged money in court pursuant to an order made under Order 14 of the Rules as a condition of liberty to defend and desires to appropriate the whole or any part of such money in satisfaction of the whole or any part of the plaintiff’s claim pursuant to Order 22 rule 8 of the Rules, he shall lodge with the Accountant General a notice of appropriation in Form 2.

(2)

On receipt of a notice of appropriation the Accountant General shall—

(i)

note the relevant account accordingly; and

(ii)

withdraw the sum mentioned in the notice from the deposit account.

(3)

If the plaintiff does not give notice of acceptance within the time limited by the Rules the Accountant General shall place the money in the deposit account 21 days after he has received the notice of appropriation.

(4)

Where, before appropriation, interest has accrued on the money in question the interest may be included in the appropriation, and this rule shall apply to the interest in the same way as it applies to the money lodged.”.