Time – Order 3 of the High Court Rules No. 8 of 2007 Page 1 Time for the purposes of instituting in or maintaining an action in the High Court is determined by these rules Order 3 rule 2(1). A calendar month is defined in section 4 of the Interpretation Act No. 8 of 1971 rule 1. Long vacation is not generally reckoned in the time for service of pleadings rules 3 and this also applies to Saturday and Sunday pursuant to rule 4.
By rule 5, the court has power to enlarge time and court has the power to abridge the time. This rule is saying that although the time given to you may have elapsed you can still ask the court to enlarge the time notwithstanding the file out of time.
When they say 14 clear days, it means you exclude the day of service and the final day’ e.g 2 clear days and the motion was served on the 20th so it will be heard on the 23rd.
Where a is not served with the statement of claim (generally endorsed writ), the statement of claim should be served 10 days after the time limited for appearance (the time limited for appearance is 14 days pursuant to (Order 12 rule 11) – Order 21 rule 1 meaning 24 days inclusive of the date of service.
APPEARANCE should entered 14 days after service of the writ of summons (whether generally or specially endorsed writs) (Order 12 rule 11)
DEFENCE should be filed before the expiration of 10 days after the time limited for appearance (24 days inclusive of service) or 10 days after the statement of claim is served whichever is the later (Order 21 rule 2(1)
If the goes for , before the enters a defence and such such judgment is refused by the court the defendant should file a DEFENCE within 10 days after making of the order or within such other period as may be specified therein (Order 21 rule 2 (2).
Where there is DISPUTE AS TO (Order 12 rule 16 (1)) is dismissed or no order made, defendant should file a defence within 14 days after the final determination of the application or within such other period as may be specified by the court. (Order 21 rule 2(3))
REPLY should be served 10 days after the service of the defence (Order 21 rule 3(4).
DEFENCE TO COUNTERCLAIM shall be served by the plaintiff before the expiration of 10 days after the service on him of the counter claim to which it relates.(Order 21 rule 3(4)
If the PLAINTIFF IS RESIDENT IN THE PROVINCES, the time for delivery and filing of the reply shall be 21 days from the delivery of the statement of claim. (Order 21 rule 3(5)
PLEADINGS ARE DEEMED TO BE CLOSED WHEN:
The expiration of 14 days after service of reply if there is no reply but only s defence to counter claim, after service of defence to counter claim; or if a reply or a defence to counter claim is not served at the expiration of 14 days after service if the defence.(Order 21 rule 18).