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ORDER 9
PARTIES
Suit on
behalf of others
1. (1) If a
plaintiff sues, or a defendant is sued in a
representative capacity, this fact shall be
stated on the writ.
(2) The
Court may order any of the persons
represented to be made a party either
instead of or in addition to the previously
existing parties.
Joint
ground for suit
2.
Where a
number of persons have a joint ground for
instituting a suit, all those persons shall
be made parties to the suit unless another
enactment provides or the Court determines
otherwise.
Where
joint interest, parties may sue or defend
for others
3.
Where a
number of persons have the same interest in
one suit, one or more of those persons may
be authorised to sue or to defend the suit
for the benefit and on behalf of
all parties interested
Joint and
several demand
4.
(1) Where a person has a joint and several
demand against a number of persons either as
principals or sureties, that person may
proceed against anyone or more of that
number of persons severally, or jointly or
jointly and severally.
(2) Where a
defendant claims contribution, indemnity, or
other remedy or relief against another
person, the defendant may apply for that
person to be made a party to the suit.
Non-joinder
5.
(1)
Where it appears to the Court before or at
the hearing of a suit that all the persons
who
(a)
are entitled to some share or interest in
the subject matter (b) claim some
share or interest in the subject-matter of
the sui or
(c)
are likely to be affected by the result
have not
been made parties, the Court may adjourn the
hearing of the suit to a future date to be
fIxed by the Court, and direct that those
persons be made either plaintiffs or
defendants in the suit, as the case may be.
(2) Where
the Court adjourns the hearing of a suit
under subrule (1), the Court shall issue a
notice to the persons who are to be joined
and the notice shall be served in
(a)
the manner provided by the rules for the
service of a writ of summons, or
(b)
in any other manner that the Court may
direct,
and on proof
of due service of the notice the person
served shall be bound by all proceedings in
the cause.
(3) Where
before or at the hearing of a suit, a person
who is not a party to the suit realises that
the suit affects or is likely to affect that
person's interest, that person may apply to
the Court to be joined either as a plaintiff
or a defendant as appropriate.
Misjoinder of parties
6.
The Court may at any stage of the
proceedings, and on terms that appear to the
Court to be just, order that the name of a
party who has been improperly joined whether
as a plaintiff or as a defendant be struck
off.
Distinct
causes of action in one writ
7. Where a
writ states two or more distinct causes of
action by and
, against
the same parties, and in the same rights,
the Court may, either before or at the
hearing, order the trials to be held
separately and make an order for adjournment
and costs as justice requires, if it appears
inexpedient to try the different causes
together.
Action
open to defendant
8.
A
defendant who alleges that the plaintiff has
joined two or more distinct causes of action
which cannot be conveniently disposed of
together in the same action may at any time
apply to the Court for an order which
confines the action to the causes of action
that can be conveniently disposed of
together.
Power of
Court to exclude
9.
Where on
the hearing of the application in rule 8 it
appears to the Court that the causes of
action in the suit cannot all be
conveniently disposed of together, the Court
may order any of the causes of action in the
suit to be excluded, and consequential
amendment to be made.
Misjoinder
of suits
10.
Where a writ states two or more distinct
causes of action, (a) but not by and
against the same parties, or
(b)
by and against the same parties but not in
the same rights, the writ may be amended or
struck out, on the application of a
defendant, but the party who instituted the
suit may apply to the Court to have the case
if struck out, to be restored.
Consolidation of causes
11.
(1) Causes of action on the same subject
matter but involving different parties
pending in the same Court may by order of
the Court be consolidated, and the Court
that makes the order shall give any
directions that are necessary for the
conduct of the consolidated actions.
(2) Causes
of action on the same subject matter but
involving different parties pending in
various Courts may on application of any of
the parties to any of the Courts, be
referred to the Supervising High Court Judge
of the magisterial district for an order of
consolidation of the various causes of
action and for directions as to the conduct
of the consolidated actions.
Court to
appoint guardians to infant or mentally
challenged defendants 12.
Where a
defendant defaults in answering or defending
a suit after service of the writ, and it
appears to the Court that the defendant is
an infant or a mentally challenged person,
the Court,
(a)
on the application of the plaintiff, or
(b)
of its own motion,
if it
considers it appropriate, may by an order
appoint a fit person to be guardian of the
defendant for the purposes of the suit, and
to defend the suit.
Notice
and service of notice of appointment of
guardian
13.
Before the Court makes the order under rule
12 it shall cause a notice that it considers
reasonable to be served on the person with
whom, or under whose care the defendant is
but in the case of an infant who
(a) does not reside with the guardian,
or
(b)
is not under the care of the guardian,
the Court,
unless there is good reason to do otherwise,
shall cause the notice to be served on the
guardian.
Suits by
infants and mentally challenged persons
14.
An infant or a mentally challenged person
may sue as plaintiff by that infant's or
mentally challenged person's guardian ad
litem or next friend, subject to terms
that relate to the liabilities for costs of
the guardian or next friend as the Court
considers just.
Change of
parties by reason of death or bankruptcy
15.
(1) Where a cause of action survives after
the death or bankruptcy of a party to the
action, the action shall not abate by reason
only of the death or bankruptcy.
(2) Where at
any stage of the proceedings the interest or
liability of a party is assigned or
transmitted to or devolves on another
person, the Court may, for the effective and
complete determination of the matters in
dispute, order that other person to be
substituted for the party whose interest has
been assigned or transmitted or has
devolved.
(3) An
application for an order under this rule may
be made ex
(4) A person
who is served with an order made ex parte
under this rule, may within fourteen
days after the service apply to the court to
discharge or vary the order.
(5) Where an order is made under this rule for a
person to be made a party and that person is
already a party on the other side of the record,
the order shall be treated as containing a
direction that the person shall cease to be a
party on that other side.
(6) When an
order is made under this rule for a person to be
made a party and that person is already on the
same side but in a different capacity, the order
may contain a direction that requires that
person to cease to be a party in that previous
capacity.
(7) An order
under this rule shall be noted in the Cause Book
by the Registrar and after it is noted, the
Registrar shall serve the order
(a)
on every
other party to the proceedings or on any person
who becomes or ceases to be a party by virtue of
the order; and (b) with a copy of the
writ on any person who becomes a defendant.
(8) A person
ordered under this rule to become a party shall
not become a party until the order is served on
that person and where that person becomes a
party, all things done in the course of the
proceedings before that person becomes a party
shall continue to be valid.
(9) A person
ordered to become a party shall be served with
all previous processes at the cost of the person
who obtains the order.
Failure to
proceed after death
16.
(1) Where
the cause of action survive'), after the death
of a plaintiff and an order for substitution is
not made under rule 15 (2), the defendant may
apply to the Court for an order which requires
the action to be proceeded with within the time
specified in the order or otherwise be struck
out.
(2) The Court
shall not make an order under subrule (1) unless
it is satisfied that due notice of the
application has been given to the personal
representative, the customary successor or head
of family of the deceased plaintiff and to any
other interested person who, in the opinion of
the Court, should be notified.
(3) The costs of
the application under subrule (1) shall be borne
by the estate of the deceased plaintiff.
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