[O

[O. 81, rr. 1-3

ORDER 81

ACTIONS ARISING OUT OF HIRE-PURCHASE OR CREDIT-SALE AGREEMENTS

Application and Interpretation

1. (1) These Rules apply to actions to which this Order applies subject to the following rules of this Order.

(2) This Order applies to any action arising out of a hire-purchase agreement or a credit sale agreement brought against the hirer or buyer of the goods to which the agreement relates or a guarantor, if the writ beginning the action is indorsed with a claim for money, not being-

(a) a claim for unliquidated damages, or

(b) a claim for no more than the amount of any instalment or instalments of the hire-purchase price or total purchase price, as the case may be, which is due and unpaid.

(3)In this Order "hire-purchase agreement", "credit-sale agreement", "buyer", "goods", "hire-purchase price", "hirer" and "total purchase price" have the meanings respectively assigned to them by section 2(1) of the Hire Purchase Ordinance, 1957.

Particulars to be Included in Statement of Claim

2. Every statement of claim in an action to which this Order applies (whether indorsed on the writ or not) must state the circumstances in which the claim mentioned in rule 1(2) arises.

Judgment in Default of Appearance or of Defence

3. (1) In an action to which this Order applies judgment in default of appearance or in default of defence shall not be entered except with the leave of the Court.

(2) An application for the grant of leave under this rule must be made by summons and the summons must, notwithstanding Order 65, rule 9 be served on the defendant.

(3) If the application is for leave to enter judgment in default of appearance, the summons shall not be issued until after the time limited for appearing.

(4) The plaintiff must produce to the Court hearing an application for the grant of leave under this rule the hire-purchase or credit-sale agreement to which the action relates.

(5) Unless the Court hearing such application grants leave to enter judgment for the amount claimed, it shall (whether or not the defendant appears on the hearing) try the action.