SUMMARY JUDGMENT UNDER ORDER 89

1. Commencement (O 89 rr 1,2)

The procedure is commenced by a

special form of Originating Summons HEARING
in Form 8A.
PROCEDURE
The OS must be supported by an
affidavit.

TheNATURE
OS must AND SCOPE
include a Note: see O 89
r 2(1).

The affidavit must comply with the

Hearing is before the
requirements stated in O 89 r 3. See O
Judge.
89 r 3(1)(a),(b) (c) and r 3(2).
If P proves his case, the
The OS will fix a hearing date.
court will make an order
Nature
2. Service on D (O 89 r 4) for immediate
O 89 provides the possession in Form 195.
Service of the OS and affidavit
procedure for a
depends on whether the Defendants
summary process for
are named or not. Scope
the recovery of
possession ofIf Dland
is named, service is to be effected The procedure for
in any the following ways summary judgment
The procedure
under O 89 cannot
enables a Plaintiff intoaccordance with O 10 r 5
be used to recover
recover possession of
 leaving a copy of the OS and possession of land
land without having to
affidavit on the premises, or against
prove the matter at a
trial.  any other manner as the (i) tenants
court may direct
The procedure under (ii) tenants holding
O 89 is unique
If D as is the
not named, service is to be over (tenants who
process caneffected
be used in the following ways remain in occupation
against persons of the land after the
(defendants) whose affix a copy of the OS and
tenancy has expired)
identities not known. affidavit on main door or
or,
some conspicuous part of
In essence, the
premises, and (iii) persons who
procedure was entered or occupies
tailored to deal with if practicable, insert the P’s land with P’s
the problem documentsof in a sealed consent or license.
squatters on a piece envelope addressed to “the
of land. Occupiers” and put in the