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[O. 94, rr. 1-6

ORDER 94

SUMMARY PROCEEDINGS FOR POSSESSION OF LAND

Proceedings to be Brought by Originating Summons

1. Where a person claims possession of land which he alleges is occupied solely by a person or persons (not being a tenant or tenants holding over after the termination of the tenancy) who entered into or remained in occupation without his licence or consent or that of any predecessor in title of his, the proceedings may be brought by originating summons in accordance with the provisions of this Order.

Forms of Originating Summons

2. (1) Subject to paragraph (2), the originating summons shall be in Form No. 9 in Appendix A.

(2) Where the person claiming possession is unable, after taking reasonable steps, to identify every person occupying the land for the purpose of making him a defendant, the originating summons shall be in Form No. 11 in Appendix A.

(3) No appearance need be entered to the originating summons.

Affidavit in Support

3. The plaintiff shall file in support of the originating summons an affidavit stating-

(a) his interest in the land;

(b) the circumstances in which the land has been occupied without licence or consent and in which his claim to possession arises; and

(c) where the summons is in Form No. 11 in Appendix A that he has taken all reasonable steps (describing them) to identify the person occupying the land who are not named in the summons.

Service of Originating Summons

4. (1) Where the plaintiff has identified any person in occupation of the land the originating summons together with a copy of the affidavit in support shall be served on him-

(a) in accordance with Order 10, rule 5, or

(b) by leaving a copy of the summons of the affidavit, or sending them to him, at the premises, or

(2) Where the plaintiff has not identified every person in occupation of the land, the originating summons shall, in addition to being served on the identified defendants (if any) in accordance with paragraph (1), be served by affixing a copy of it to the main door or other conspicuous part of the premises, unless the Court directs service in some other manner.

(3) Order 28, rule 3, shall not apply to proceedings under this Order.

Application by Occupier to be Made a Party

5. Without prejudice to Order 15, rules 6 and 10, any person not named as a defendant who is in occupation of the land and wishes to be heard on the question whether an order for possession should be made may apply at any stage of the proceedings to be joined as a defendant.

Order for Possession

6. (1) A final order shall not be made on the originating summons except by a Judge and shall, except in case of urgency and by leave of the Court, not be made less than 7 clear days after the date of service.

(2)An order for possession in proceedings under this Order shall be in Form No. 54 in Appendix A.

[O. 94, rr. 7-8

Writ for Possession

7. (1) Notwithstanding the provisions of Order 45, rule 3, a writ of possession to enforce an order for possession under this Order may be issued without the leave of the Court.

(2) The writ of possession shall be in Form No. 43 in Appendix A.

Setting Aside Order

8. The Judge may, on such terms as he thinks just, set aside or vary any order made in proceedings under this Order.