ORDER 3
PARTICULARS OF CLIAM
Particulars of claim
1. (1) It is
sufficient for a plaintiff to state the
plaintiff's claim in the writ of summons
briefly and in a general form, but the
plaintiff may deliver to the Registrar, at
the time of making the application for the
writ of summons, particulars of the
plaintiff's demand in a form which gives the
defendant reasonably sufficient information
on the details of the plaintiff's claim.
(2) Where
the plaintiff decides to deliver the
particulars to the Registrar, the
particulars shall be accompanied with as
many duplicates of the particulars as there
are defendants.
(3) A writ
of summons shall not be issued until the
plaintiff delivers to the Registrar as many
duplicates of the particulars as there are
defendants.
(4) Where
the plaintiff is illiterate and unable to
furnish the required particulars in
writing, it is sufficient for the plaintiff
or the plaintiff's agent to narrate the
plaintiff's case to any literate person for
the narrative to be reduced into writing.
(5) A
literate person who reduces a narrative into
writing under subrule (4) shall use the
written narrative to produce the particulars
in the manner specified in Form 1 of the
First Schedule.
(6) The
particulars so produced shall be signed or
marked by the plaintiff or the plaintiff's
agent, sealed by the registrar and filed at
the registry.
(7) The
particulars of claim shall be attached to
the writ of summons and a duplicate of the
particulars of claim shall also be attached
to each copy of the summons for service.
Judgment not to exceed claim
2.
(1)
Judgment shall not be given for a sum which
is higher than the sum claimed in the writ
or particulars of claim.
(2) Where it
appears to the Court at the hearing of any
action that the sum claimed in the
particulars is less than the sum claimed on
the writ, the Court may in the interest of
justice amend the particulars to enable the
plaintiff prove the claim as stated in the
writ.
