An Originating Summons under Order 83 of the Rules of Court is an application for delivery of possession of property. It is usually made by a mortgagee bank against a mortgagor who has defaulted on the repayment of sums due to the bank. Before filing its Order 83 Originating Summons in court, the bank would usually have issued a notice to you indicating its intention to take possession of the property.
In its Order 83 Originating Summons, the bank will ask the court to order that you deliver possession of the mortgaged property and pay the outstanding sums due to the bank. The bank will also ask the court to order you to pay the costs incurred by the bank in making the application.
After you have been served with the documents, you should read them carefully. Check that the amount of arrears (i.e. the instalments which you did not pay) and the total loan amount (including late payment interest) are correct.
If you wish to contest the bank’s application for possession, you should attend the court hearing at the hearing date and time printed on the Order 83 Originating Summons. You should bring along all the documents which you wish to show the court, including receipts of payments and notices from the bank. If you have made attempts to sell or rent out the mortgaged property or wish to provide information to the court on your financial means, you should also bring along the relevant documentary evidence to the hearing.
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