351Judgment for part unanswered by defence

351 Judgment for part unanswered by defence

(1)  If a defendant delivers a defence to part only of a plaintiff's alleged cause of action, the plaintiff, by leave of the Court or a judge, may enter final or interlocutory judgment for the part unanswered if –

(a) the part unanswered consists of a separate cause of action or is severable from the rest; and

(b) if the plaintiff's claim is for one or more of the following:

(i) a debt or liquidated demand;

(ii) pecuniary damages only;

(iii) the detention of goods, with or without a claim for pecuniary damages;

(iv) the recovery of land.

(2)  If a defendant has a counterclaim, execution on a judgment entered under subrule (1) is not to issue without leave of the Court or a judge.