12. Defendant to appear and show cause only upon leave and security

In an action instituted under this Act, the defendant shall not appear and show cause against the decree nisi unless he first obtains leave to appear and show cause from the Court which issued the decree nisi.

The defendant shall, for the purpose of subsection (1), file an application by way of a petition for leave to appear and show cause against the decree nisi supported by an affidavit and such petition and affidavit shall deal specifically with the plaintiff’s case and state clearly and concisely what the defence to the plaintiff’s case is and what facts are relied upon to support it.

Upon the filing of the petition and affidavit referred to in subsection (2), if the Court is satisfied that the contents of the petition and affidavit disclose a defence which is prima facie sustainable against the action of the plaintiff for recovery of possession of the premises, the Court may grant the defendant leave to appear and show cause against the decree nisi, subject to security.

If the Court is not satisfied that the contents of the petition and affidavit disclose a defence which is prima facie sustainable, the Court shall refuse the application referred to in subsection (2) and make the decree nisi, absolute.