Order 1, rule 3 of Civil Procedure Rules : Who may be joined as defendants
All persons may be joined as defendants against whom any right to relief in respect of or arising out of the same act or transaction or series of acts or transactions is alleged to exist, whether jointly, severally or in the alternative, where, if separate suits were brought against such persons any common question of law or fact would arise.
Enhance Your Research with Bookmarks and Annotations
Here's how you can use these features:
- To bookmark this page, click the "Bookmark this Page" button below the document title.
- To add an annotation, highlight text in the document and select "Add Annotation" from the toolbar that appears.
- These features are great for organizing your research and keeping track of key information.
- You can view and manage your bookmarks and annotations on your Bookmarks and Annotations page.
- Order 1, rule 4 - Court may give judgment for or against one or more of joint parties
Judgment may be given without amendment—
(a) for such one or more of the plaintiffs as may be found to be entitled to relief for such relief as he or they may be entitled to;
(b) against such one...
- Order 1, rule 5 - Defendant need not be interested in all relief claimed
It shall not be necessary that every defendant shall be interested as to all the relief claimed in any suit against him.
- Order 1, rule 6 - Joinder of parties liable on same contract
The plaintiff may at his option join as parties to the same suit all or any of the persons severally, or jointly and severally liable, on any one contract, including parties to bills of exchange and...
- Order 1, rule 7 - When plaintiff in doubt from whom redress to be sought
Where the plaintiff is in doubt as to the persons from whom he is entitled to obtain redress, he may join two or more defendants in order that the question as to which of the defendants is liable, and...
- Order 1, rule 8 - One person may sue or defend on behalf of all in same interest
(1) Where numerous persons have the same interest in any proceedings, the proceedings may be commenced, and unless the Court otherwise orders, continued, by or against any one or more of them as...
- Order 1, rule 9 - Misjoinder and non-joinder
No suit shall be defeated by reason of the misjoinder or non-joinder of parties, and the court may in every suit deal with the matter in controversy so far as regards the rights and interests of the...
- Order 1, rule 10 - Substitution and addition of parties
(1) Where a suit has been instituted in the name of the wrong persons as plaintiff, or where it is doubtful whether it has been instituted in the name of the right plaintiff, the court may at any...
- Order 1, rule 11 - Government proceedings
In respect of civil proceedings by or against the Government, this Order shall have effect subject to section 12 of the Government Proceedings Act (which relates to parties to such proceedings).
- Order 1, rule 12 - Conduct of suit
The court may give the conduct of the suit to such person as it deems proper.
- Order 1, rule 13 - Appearance of one of several plaintiffs or defendants for others
(1) Where there are more plaintiffs than one, any one or more of them may be authorized by any other of them to appear, plead or act for such other in any proceeding, and in like manner, where there...
- Order 1, rule 14 - Practice
Any application to add or strike out or substitute a plaintiff or defendant may be made to the court at any time before trial by chamber summons or at the trial of the suit in a summary manner.
- Order 1, rule 15 - Notice to third and subsequent parties
(1) Where a defendant claims as against any other person not already a party to the suit (hereinafter called the third party)—
(a) that he is entitled to contribution or indemnity; or
(b) that he...
- Order 1, rule 16 - Notice to Government as third party
Notwithstanding anything in r. 15, leave to issue a third-party notice for service on the Government shall not be granted unless the Court is satisfied that the Government is in possession of all such...
- Order 1, rule 17 - Default of appearance by third party
If a person not a party to the suit who is served as mentioned in r. 15 (hereinafter called the “third party”) desires to dispute the plaintiff’s claim in the suit as against the defendant on whose...
- Order 1, rule 18 - Default of appearance by Government as third party
In the case of third-party proceedings against the Government, r. 17 shall not apply unless the court so orders; and any application for such an order shall be made by chamber summons served not less...
- Order 1, rule 19 - Judgment against third party in default
Where a third party makes default in entering an appearance in the suit, or in delivering any pleading, and the defendant giving the notice suffers judgment by default, such defendant shall be...
- Order 1, rule 20 - No judgment against Government without leave of the Court
(1) A defendant shall not in any event be entitled to enter judgment against the Government under r. 19 without the leave of the court.
(2) Any application for leave to enter judgment against the...
- Order 1, rule 21 - Judgment after trial against third party in default
(1) Where a third party makes default in entering an appearance in the suit, and the suit is tried and results in favour of the plaintiff, the court may either at or after the trial enter such...
- Order 1, rule 22 - Appearance of third party and directions
If a third party enters an appearance pursuant to the third-party notice, the defendant giving the notice may apply to the court by summons in chambers for directions, and the court upon the hearing...
- Order 1, rule 23 - Costs
The court may decide all questions of costs between a third party and the other parties to the suit and may make such orders as to costs as the justice of the case may require.
- Order 1, rule 24 - Defendant claiming against a co-defendant
(1) Where a defendant desires to claim against another person who is already a party to the suit—
(a) that he is entitled to contribution or indemnity; or
(b) that he is entitled to any relief or...
- Order 1, rule 25 - Procedure
Applications under rules 10 and 19 may be made orally in Court or by summons in chamber.
- Order 2, rule 1 - Pleadings generally
(1) Every pleading in civil proceedings including proceedings against the Government shall contain information as to the circumstances in which it is alleged that the liability has arisen and, in the...
- Order 2, rule 2 - Formal requirements
(1) Every pleading shall be divided into paragraphs numbered consecutively, each allegation being so far as appropriate contained in a separate paragraph.
(2) Dates, sums and other numbers shall be...
- Order 2, rule 3 - Facts not evidence, to be pleaded
(1) Subject to the provisions of this r. and rules 6, 7 and 8, every pleading shall contain, and contain only, a statement in a summary form of the material facts on which the party pleading relies...
- Order 2, rule 4 - Matters which must be specifically pleaded
(1) A party shall in any pleading subsequent to a plaint plead specifically any matter, for example performance, release, payment, fraud, inevitable accident, act of God, any relevant Statute of...
- Order 2, rule 5 - Matter may be pleaded whenever arising
Subject to rules 3 (1) and 6, a party may in any pleading plead any matter which has arisen at any time, whether before or since the filing of the plaint.
- Order 2, rule 6 - Departure
(1) No party may in any pleading make an allegation of fact, or raise any new ground of claim, inconsistent with a previous pleading of his in the same suit.
(2) Subrule (1) shall not prejudice the...
- Order 2, rule 7 - Particulars in defamation actions
(1) Where in an action for libel or slander the plaintiff alleges that the words or matters complained of were used in a defamatory sense other than their ordinary meaning, he shall give particulars...
- Order 2, rule 8 - Particulars of evidence in mitigation
In an action for libel or slander in which the defendant does not by his defence assert the truth of the statement complained of, the defendant shall not be entitled at the trial to give evidence in...
- Order 2, rule 9 - Points of law
A party may by his pleading raise any point of law.
- Order 2, rule 10 - Particulars of pleading
(1) Subject to subrule (2), every pleading shall contain the necessary particulars of any claim, defence or other matter pleaded including, without prejudice to the generality of the foregoing—...
- Order 2, rule 11 - Admissions and denials
(1) Subject to subrule (4), any allegation of fact made by a party in his pleading shall be deemed to be admitted by the opposing party unless it is traversed by that party in his pleading or a...
- Order 2, rule 12 - Denial by joinder of issue
(1) If there is no reply to a defence, there is a joinder of issue on that defence.
(2) Subject to subrule (3)—
(a) there is at the close of pleadings a joinder of issue on the pleading last...
- Order 2, rule 13 - Close of pleadings
The pleadings in a suit shall be closed fourteen days after service of the reply or defence to counterclaim, or, if neither is served, fourteen days after service of the defence, notwithstanding that...
- Order 2, rule 14 - Technical objection
No technical objection may be raised to any pleading on the ground of any want of form.
- Order 2, rule 15 - Striking out pleadings
(1) At any stage of the proceedings the court may order to be struck out or amended any pleading on the ground that—
(a) it discloses no reasonable cause of action or defence in law; or
(b) it is...
- Order 2, rule 16 - Pleading to be signed
Every pleading shall be signed by an advocate, or recognised agent (as defined by Order 9, rule 2), or by the party if he sues or defends in person.
- Order 2, rule 17 - Proceedings in rem
An application under section 25(2) of the Government Proceedings Act (Cap. 40) may be made at any time before trial or during the trial.
- Order 3, rule 1 - Commencement of suit and case track allocation
(1) Every suit shall be instituted by presenting a plaint to the Court, or in such other manner as may be prescribed.
(2) The claim shall indicate at the heading the choice of track; namely “small...
- Order 3, rule 2 - Documents to accompany suit
All suits filed under rule 1(1) including suits against the government, except small claims, shall be accompanied by—
(a) the affidavit referred to under Order 4 rule1(2);
(b) a list of witnesses...
- Order 3, rule 3 - Register of civil suits and filing
(1) A register of suits, to be called the register of civil suits, shall be kept at every registry; and the particulars of every suit filed in a registry shall be entered in the register and all such...
- Order 3, rule 4 - Suit to include the whole claim
(1) Every suit shall include the whole of the claim which the plaintiff is entitled to make in respect of the cause of action; but a plaintiff may relinquish any portion of his claim.
(2) Where a...
- Order 3, rule 5 - Joinder of causes of action
(1) Save as otherwise provided, a plaintiff may unite in the same suit several causes of action against the same defendant or the same defendants jointly; and any plaintiffs having causes of action in...
- Order 3, rule 6 - Only certain claims to be joined with a suit for recovery of immovable property
No cause of action shall, except with the leave of the court, be joined with a suit for the recovery of immovable property, except—
(a) claims for mesne profits or arrears of rent in respect of the...
- Order 3, rule 7 - Claims by or against executor, administrator or heir
No claim by or against an executor or administrator, as such, shall be joined with claims by or against him personally, unless the last-mentioned claims are alleged to arise with reference to the...
- Order 3, rule 8 - Power of court to order separate trials
Where it appears to the court that any causes of action joined in one suit cannot be conveniently tried or disposed of together, the court may either on the application of any party or of its own...
- Order 3, rule 9 - Declaratory judgment
No suit shall be open to objection on the ground that a merely declaratory judgment or order is sought thereby, and the court may make a binding declaration of right whether any consequential relief...
- Order 4, rule 1 - Particulars of plaint
(1) The plaint shall contain the following particulars—
(a) the name of the court in which the suit is brought;
(b) the name, description and place of residence of the plaintiff, and an address...
- Order 4, rule 2 - Money suit
(1) Where the plaintiff seeks the recovery of money, the plaint shall state the precise amount claimed, except where the plaintiff sues for mesne profits, or for an amount which will be found due to...