Order 2, rule 3 of Civil Procedure Rules : 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 for his claim or defence, but not the evidence by which those facts are to be proved, and the statement shall be as brief as the nature of the case admits.
(2) Without prejudice to subrule (1), the effect of any document or the purport of any conversation referred to in the pleading shall, if material, be briefly stated, and the precise words of the document or conversation shall not be stated, except in so far as those words are themselves material.
(3) A party need not plead any fact if it is presumed by law to be true or the burden of disproving it lies on the other party, unless the other party has specifically denied it in his pleading.
(4) A statement that a thing has been done or that an event has occurred, being a thing or an event the doing or occurrence of which constitutes a condition precedent necessary for the case of a party shall be implied in his pleading.
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- 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...
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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...
- Order 4, rule 3 - Where the subject-matter of the suit is immovable property
Where the subject-matter of the suit is immovable property, the plaint shall contain a description of the property sufficient to identify it.
- Order 4, rule 4 - Capacity of parties
Where the plaintiff sues in a representative capacity the plaint shall state the capacity in which he sues and where the defendant is sued in a representative capacity the plaint shall state the...
- Order 4, rule 5 - Defendant’s interest and liability to be shown
The plaint shall show that the defendant is or claims to be interested in the subject matter, and that he is liable to be called upon to answer the plaintiff’s demand.
- Order 4, rule 6 - Statement of relief claimed
Every plaint shall state specifically the relief which the plaintiff claims, either specifically or in the alternative, and it shall not be necessary to ask for costs, interest or general or other...
- Order 4, rule 7 - Relief founded on separate grounds
Where the plaintiff seeks relief in respect of several distinct claims or causes of action founded upon separate and distinct grounds, they shall be stated as far as may be, separately and distinctly....
- Order 4, rule 8 - Copies of plaint
The plaintiff shall present as many copies of the plaint as there are defendants.
- Order 4, rule 9 - Return of plaint
(1) The plaint may at any stage of the suit be returned to be presented to the court in which the suit should have been instituted.
(2) On returning a plaint the judge shall endorse thereon the date...
- Order 5, rule 1 - Issue of summons
(1) When a suit has been filed a summons shall issue to the defendant ordering him to appear within the time specified therein.
(2) Every summons shall be signed by the judge or an officer appointed...
- Order 5, rule 1 - Issue of summons
(1) When a suit has been filed a summons shall issue to the defendant ordering him to appear within the time specified therein.
(2) Every summons shall be signed by the judge or an officer appointed...
- Order 5, rule 2 - Duration and renewal of summons
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- Order 5, rule 3 - Service on a corporation
Subject to any other written law, where the suit is against a corporation the summons may be served—
(a) on the secretary, director or other principal officer of the corporation; or
(b) if the...
- Order 5, rule 4 - Concurrent summons
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- Order 5, rule 5 - Delivery or transmission of summons for service
(1) Where the court has issued summons to a defendant, the summons may be delivered for service—
(a) to any person for the time being duly authorized by the court;
(b) to an advocate, or...
- Order 5, rule 6 - Mode of service
Service of the summons shall be made by delivering or tendering a duplicate thereof signed by the judge, or such officer as he appoints in this behalf, and sealed with the seal of the court.
- Order 5, rule 7 - Service on several defendants
Save as otherwise prescribed, where there are more defendants than one, service of the summons shall be made on each defendant.
- Order 5, rule 8 - Service to be on defendant in person or on his agent
(1) Wherever it is practicable, service shall be made on the defendant in person, unless he has an agent empowered to accept service, in which case service on the agent shall be sufficient.
(2) A...
- Order 5, rule 9 - Mode of service on the Government
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- Order 5, rule 12 - Service on agent or adult
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- Order 5, rule 13 - Person served to sign acknowledgment
Where a duplicate of the summons is duly delivered or tendered to the defendant personally or to an agent or other person on his behalf, the defendant or such agent or other person shall be required...
- Order 5, rule 14 - Procedure when defendant refuses to accept service or cannot be found
Where the serving officer, after using all due and reasonable diligence, cannot find the defendant, or any person on whom service can be made, the serving officer shall affix a copy of the summons on...
- Order 5, rule 15 - Affidavit of service
(1) The serving officer in all cases in which summons has been served under any of the foregoing rules of this Order shall swear and annex or cause to be annexed to the original summons an affidavit...
- Order 5, rule 16 - Examination of serving officer
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- Order 5, rule 17 - Substituted service
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