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WHAT HAPPENS DURING THE HEARING OF THE SUMMONS ?

The summons and all proceedings shall be heard in open court.

If neither the plaintiff nor the defendant appears on the hearing date, the case may be struck out, without prejudice, however to the restoration, on the direction of the Judge.

Any application for restoration must be made within 14 days after the hearing.

If the case is restored, notice of restoration in Form 73 (Notice Of Hearing When Cause Or Matter Has Been Restored) will be given by the Court Registrar to both parties of the case.

If on the hearing date, the plaintiff appears but the defendant does not appear, the Court may :

• if the defendant has no counterclaim, on proof of service give judgment for the plaintiff on his or her claim and
• if the defendant has counterclaim, dismiss the counterclaim with costs and

make any other order as it thinks just.

However, if on the hearing date, the defendant appear but the plaintiff does not appear, the court may :

• if the defendant has no counterclaim, dismiss the action with costs
• if the defendant has a counterclaim, give judgment for the defendant on his or her counterclaim and

make any other order as it thinks just.

Under Rule 16, Order 28 of the Subordinate Courts Rules 1980, where both parties appear on the hearing date in the Court, the Judge before whom the summons is heard may give directions as to the party to begin and the order of speeches at the trial.

The plaintiff shall begin by opening his or her case.

Where the defendant does not wish to adduce evidence, then, whether or not the defendant has in the course of cross-examination of a witness for the plaintiff or otherwise put in a document, the plaintiff may, after the evidence on his or her behalf has been given, make a second speech closing his or her case and the defendant shall then state his or her case.

Where the defendant wish to adduce evidence, he or she may after any evidence on behalf of the plaintiff has been given, open his or her case and, after the evidence on his behalf has been given, make a second speech closing his or her case, and at the close of the defendant's case the plaintiff may make a speech in reply.

Rule 18, Order 28 of the Subordinate Courts Rules 1980 states that in any action for the recovery of debt or damages, the Court may, if it thinks, just, order that there shall be included in the sum for which judgment is given interest at such rate not exceeding 8% per centum on the whole or any part of the debt or damages for the whole or any party of the period between the date when the cause of action arose and the date of the judgment :

• provided that nothing in this rule:
• shall authorize the giving of interest upon interest or
• shall apply in relation to any debt upon which interest is payable as of right whether by virtue of any agreement or otherwise or
• shall affect the damages recoverable for the dishonor of a bill of exchange

After the trial, a judgment will be pronounced in the open Court, either immediately on the conclusion of the trial, or on some subsequent day of which due notice must be given to the parties.