sec.286Judgment by default—recovery of possession of land

### sec.286 Judgment by default—recovery of possession of land This rule applies if the plaintiff’s claim for relief against a defendant in default is for the recovery of possession of land only. The plaintiff may file a request for a judgment for— recovery of possession of the land as against the defendant; and the following costs— costs for issuing the claim; costs for obtaining judgment; any other fees and payments, to the extent they have been reasonably incurred and paid. If the plaintiff files a request for judgment under subrule (2) , the court, as constituted by a registrar, may give judgment. However, the plaintiff is not entitled to the judgment if the plaintiff’s claim is for delivery of possession under a mortgage. If the court as constituted by a registrar is considering whether to give judgment, the registrar is not required to consider the merits of the plaintiff’s claim against the defendant. Under rule 982 , the matter could be referred to a judge or magistrate for disposal, or for consideration and referral back, if the circumstances set out in that rule apply. r 286 amd 2005 SL No. 64 s 4 ; 2010 Act No. 26 s 140 (sec.286-ssec.1) This rule applies if the plaintiff’s claim for relief against a defendant in default is for the recovery of possession of land only. (sec.286-ssec.2) The plaintiff may file a request for a judgment for— recovery of possession of the land as against the defendant; and the following costs— costs for issuing the claim; costs for obtaining judgment; any other fees and payments, to the extent they have been reasonably incurred and paid. (sec.286-ssec.3) If the plaintiff files a request for judgment under subrule (2) , the court, as constituted by a registrar, may give judgment. (sec.286-ssec.4) However, the plaintiff is not entitled to the judgment if the plaintiff’s claim is for delivery of possession under a mortgage. (sec.286-ssec.5) If the court as constituted by a registrar is considering whether to give judgment, the registrar is not required to consider the merits of the plaintiff’s claim against the defendant. Under rule 982 , the matter could be referred to a judge or magistrate for disposal, or for consideration and referral back, if the circumstances set out in that rule apply. - (a) recovery of possession of the land as against the defendant; and - (b) the following costs— (i) costs for issuing the claim; (ii) costs for obtaining judgment; (iii) any other fees and payments, to the extent they have been reasonably incurred and paid. - (i) costs for issuing the claim; - (ii) costs for obtaining judgment; - (iii) any other fees and payments, to the extent they have been reasonably incurred and paid. - (i) costs for issuing the claim; - (ii) costs for obtaining judgment; - (iii) any other fees and payments, to the extent they have been reasonably incurred and paid.