- Order 2, rule 7 of Civil Procedure Rules : 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 of the facts and matters on which he relies in support of such sense.
(2) Where in an action for...
- Order 2, rule 8 of Civil Procedure Rules : 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 chief, with a view to mitigation of damages, as to the circumstances under which the libel or slander...
- Order 2, rule 9 of Civil Procedure Rules : Points of law
A party may by his pleading raise any point of law.
- Order 2, rule 10 of Civil Procedure Rules : 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—
(a) particulars of any misrepresentation, fraud, breach of trust, wilful default or undue influence on...
- Order 2, rule 11 of Civil Procedure Rules : 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 joinder of issue under r. 10 operates as a denial of it.
(2) A traverse may be made either by denial or...
- Order 2, rule 12 of Civil Procedure Rules : 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 filed; and
(b) a party may in his pleading expressly join issue on the immediately preceding pleading....
- Order 2, rule 13 of Civil Procedure Rules : 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 any order or request for particulars has been made but not complied with.
- Order 2, rule 14 of Civil Procedure Rules : Technical objection
No technical objection may be raised to any pleading on the ground of any want of form.
- Order 2, rule 15 of Civil Procedure Rules : 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 scandalous, frivolous or vexatious; or
(c) it may prejudice, embarrass or delay the fair trial of...
- Order 2, rule 16 of Civil Procedure Rules : 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 of Civil Procedure Rules : 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 of Civil Procedure Rules : 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 claims”, “fast track” or “multi-track”.
(3) For purposes of this rule—
(a) “small claim” refers...
- Order 3, rule 2 of Civil Procedure Rules : 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 to be called at the trial;
(c) written statements signed by the witnesses excluding expert...
- Order 3, rule 3 of Civil Procedure Rules : 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 suits shall be numbered in each year according to the order in which they are instituted in that...
- Order 3, rule 4 of Civil Procedure Rules : 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 plaintiff omits to sue in respect of or relinquishes any portion of his claim, he shall not afterwards...
- Order 3, rule 5 of Civil Procedure Rules : 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 which they are jointly interested against the same defendant or the same defendants jointly may...
- Order 3, rule 6 of Civil Procedure Rules : 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 property claimed or any part thereof;
(b) claims for damages for breach of any contract under...
- Order 3, rule 7 of Civil Procedure Rules : 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 estate in respect of which the plaintiff or defendant sues or is sued as executor or administrator, or...
- Order 3, rule 8 of Civil Procedure Rules : 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 motion order separate trials or may make such order as may be expedient.
- Order 3, rule 9 of Civil Procedure Rules : 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 is or could be claimed or not.
- Order 4, rule 1 of Civil Procedure Rules : 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 for service;
(c) the name, description and place of residence of the defendant, so far as they can...
- Order 4, rule 2 of Civil Procedure Rules : 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 him on taking unsettled accounts between him and the defendant.
(2) The provisions of this rule...
- Order 4, rule 3 of Civil Procedure Rules : 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 of Civil Procedure Rules : 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 capacity in which he is sued, and in both cases, it shall be stated how that capacity arises.
- Order 4, rule 5 of Civil Procedure Rules : 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 of Civil Procedure Rules : 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 relief which may always be given as the court deems just, whether or not it could have been asked for...
- Order 4, rule 7 of Civil Procedure Rules : 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 of Civil Procedure Rules : Copies of plaint
The plaintiff shall present as many copies of the plaint as there are defendants.
- Order 4, rule 9 of Civil Procedure Rules : 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 of its presentation and return, the name of the party presenting it and a brief statement of the...
- Order 5, rule 1 of Civil Procedure Rules : 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 by the judge and shall be sealed with the seal of the court without delay, and in any event not...