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ORDER 42

JUDGMENTS AND ORDERS

Form of Judgment, etc.

1. (1) If, in the case of any judgment, a form thereof is prescribed by Appendix A the judgment must be in that form.

(2) The party entering any judgment shall be entitled to have recited therein a statement of the manner in which, and the place at which, the writ or other originating process by which the cause or matter in question was begun was served.

(3) An order must be marked with the name of the Judge or referee by whom it was made and must be sealed.

Judgment etc., requiring Act to be done: Time for doing it

2. (1) Subject to paragraph (2), a judgment or order which requires a person to do an act must specify the time after service of the judgment or order , or some other time, within which the act is to be done.

(2) Where the act which any person is required by any judgment or order to do is to pay money to some other person, give possession of any land or deliver any goods, a time within which the act is to be done need not be specified in the judgment or order by virtue of paragraph (1), but the foregoing provision shall not affect the power of the Court to specify such a time and to adjudge or order accordingly.

Date from which Judgment or Order takes effect

3. (1) A judgment or order of the Court or of the Registrar, Assistant Registrar or referee takes effect from the day of its date.

(2) A judgment or order, which is pronounced, given or made, shall be dated as of the day on which it is so pronounced, given or made, unless the Court or the Registrar, Assistant Registrar or referee, as the case may be, orders it to be dated as of some other earlier or later day, in which case it shall be date as of that other day.

(3) In the case of a judgment by default, the judgment shall be dated as of the day on which all requisite documents to enter judgment are filed at the appropriate office, and when settled and signed by the appropriate officer, the judgment shall take effect from the date of such filing.

Order required to be drawn up

4. (1) Subject to paragraph (2), every order of the Court shall be drawn up unless the court otherwise directs.

(2) An order-

(a) which-

(i) extends the period within which a person is required or authorised by these rules, or by any judgment, order or direction, to do any act, or

(ii) grants leave for the doing of any of the acts mentioned in paragraph (3), and

(b) which neither imposes any special terms nor includes any special directions other than a direction as to costs,

need not be drawn up unless the Court otherwise directs.

(3) The acts referred to in paragraph (2)(a)(ii) are-

(a) the issue of any writ, other than a writ of summons for service out of the jurisdiction;

(b) the amendment of a writ of summons or other originating process or a pleading;

(d) any act to be done by an officer of the Court other than a solicitor.

Drawing up of Judgment or Order

5. (1) Every judgment given or order made in a cause or matter shall unless otherwise ordered to be drawn up and lodged at the appropriate office by the party having the carriage of the judgment or order not later than fourteen days from the date when the judgment was pronounced or order made and shall be settled by the appropriate officer with the parties affected before being entered.

Provided that the appropriate officer may, in any case in which he thinks it expedient to do so, settle a judgment or order without notice to the parties affected.

(2) If the party having the carriage of the judgment or order does not bespeak it within the period of fourteen days aforesaid, any other party to the cause or matter may do so with the leave of the appropriate officer.

(3) Where a judgment or order has been settled by the appropriate officer and presented by the party or his solicitor for entry in accordance with this rule at the appropriate office, it shall be sealed and entered by an officer of that office in the book kept for the purpose.

(4) On entering any such judgment or order the proper officer shall file the judgment or order and return a duplicate thereof to the party or solicitor who presented it for entry.

(5) For the purpose of this Order

(a) the "appropriate officer" means-

(i) in relation to a cause or matter proceeding in the Registry, the Registrar;

(ii) in relation to a cause or matter proceeding in the Sub-Registry, the Assistant Registrar of that Sub-Registry;

(b) the "appropriate officer’ means-

(i) in relation to a cause or matter proceeding in the Registry, the Registry;

(ii) in relation to a cause or matter proceeding in a Sub-Registry, that Sub-Registry.

(6) Where a judgment or order made in a cause or matter proceeding in a Sub-Registry was entered in the Registry, or an order in a cause or matter proceeding in the Registry was entered in a Sub-Registry, the proper officer shall send the judgment or order to the Sub-Registry in which the cause or matter is proceeding or the Registry, as the case may be.