transpires during summons

What transpires during a hearing of a summons?

All the summons as well as the proceedings shall be heard in open court, however if neither the plaintiff nor the defendant shows up on the date for the hearing then the case may be struck out without prejudice by the court. The case can be restored but it will be under the discretion of the Judge and any form of application for the restoration of the case must be made within 14 days after the hearing.

You are able to restore the case, a notice of restoration in Form 73 (Notice of Hearing When Cause of Matter has been restored) will be provided to both the parties of that particular case by the Court Registrar. And if this time on the actual date of the hearing the plaintiff appears and the defendant does not appear, the court may either rule in favor of the plaintiff on their claim, of course with substantial proof provided if the defendant has no counterclaim. If the defendant does have a counterclaim then the counterclaim would be dismissed by the court along with the costs.

If the situation was in reverse and on the date of the hearing the defendant turns up but the plaintiff fails to do so then the court may dismiss the action along with costs if the defendant does not have any counterclaim. If the defendant does have a counterclaim then the judge may rule in favor of the defendant based on the evidence that has been provided by them or any other ruling based on the discretion of the judge.

According to Rule 16, Order 28 of the Subordinate Courts Rules 1980, where both the plaintiff as well as the defendant appears in the court on the day of the hearing then the judge that is presiding the case may give instructions to both the parties to begin with the proceedings. This is where the plaintiff will begin the opening of their case, if the defendant does not wish to adduce evidence then the defendant can state their case. But before they can do so the defendant has to make sure that during the cross-examination as a witness for the plaintiff or otherwise have included it in a document after the evidence has been provided on the plaintiff’s behalf make a closing speech on the case.

If the defendant wishes to adduce evidence then they may do so after the plaintiff have provided their evidence to the court. After the evidence has been introduced to the court and their case has been opened, the defendant will then be able to make a closing speech regarding the case. This will then be followed by the closing speech from the plaintiff in reply to the defendant’s speech.

Under Rule 18, Order 28 of the Subordinate Courts Rules 1980 which states that any action for the recovery of damages or debt, under the discretion of the court may order that is shall be included in the sum that the court has specified and will also be given interest at a rate that will note exceed that of 8% on the whole or any part of the damage or debt for the whole or any part of the period that includes the date when the cause of the action arose and the date the judgment. However there are still some exceptions and this includes that there shall not be authorization that will give interest on the existing interest, affect the damages that are recoverable for the dishonor of the bill that was exchanged and apply in relation to any debt upon which any interest that is payable as of the right whether by virtue of any form of agreement.

After the trial and after hearing the statements from both parties, a judgment will be pronounced in open court. The decision can either be made immediately after the conclusion of the trial or on a later date where a notice will be given to both the plaintiff as well as the defendant. How fast the judge makes the decision will usually depend on the severity of the case.

What if there are more than 2 defendants in the case

If there are 2 or more defendants who either appear separately or are separately represented then if none of the defendants wishes to adduce evidence then each of them shall state their case at the court at the day of the hearing where the names of the defendant will appear on record. However if each of the defendants in the case wishes to adduce evidence then they may open their case and introduce the evidence on their behalf where their names will appear on record and they will each make a closing speech after the evidence has been given. If there is a situation where there are some defendants who elect to adduce evidence and some do not, then does that do not shall state their cases after the plaintiff has made their speech in reply to the speeches that have been made by the defendant.

What is a judgment?

The result is determined through a way of judgment by the judge that is overseeing that particular case and this will confirm the party that wins the case. So a judgment is basically a statement or a decision that has been made by the court, and since there are only two parties in the case it can either rule in the favor of the plaintiff or the defendant.

Whenever the court has already delivered their judgment, the original copy must then be signed by the judge before it is filed. The judgment must be made using the Form 76 (Judgments) where the form must then be marked with the judge or the registrar’s name and then it must be sealed. The judgment by the court would then take effect from the day that has been specified.

If the judgment requires the person to perform an act whether it is after the service of the judgment or on some other time where the act needs to be carried out, then this must also be specified. If the judgment instead requires the person to pay money to another party, give possession of any form of immovable property or deliver the movable property, the time to carry out the act does not need to be specified by the court even though they have the power to do so.

Leave a Reply