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DISTRICT COURT (CIVIL PROCEDURE) RULES, 2009

 

      Rule        

 

ORDER 2

COMMENCEMENT OF PROCEEDINGS

Description of parties

1. Unless otherwise provided by an existing enactment, the party who

commences civil proceedings shall be described as the plaintiff and the opposing party shall be described as the defendant.

Commencement of proceedings

2. (1) The forms in the Schedules or other similar forms may be used  in matters, causes, and proceedings to which they are applicable, with the variations that the circumstances require.

 

 (2) In proceedings for which forms are not provided in the Schedule or prescribed by any law, Rules or orders of Court, the Registrar may, subject to the approval of the Court, frame the forms required, using those which have been provided as guides.

Issue of a writ of summons

3.    (1) A writ of summons is issued on being sealed by the Registrar.

 

           (2) A writ of summons shall not be sealed unless at the time the writ is fIled for sealing the person ftling the writ leaves with the Registrar a copy or as many copies as there are defendants and the writ is signed

 

                    (a) or marked by the plaintiff if the plaintiff sues in person, or

                   (b) by or on behalf of the plaintiffs' lawyer.

 

(3) The officer who receives the copy shall fIle the copy and make an entry in the Cause Book.

(4) Every writ of summons shall be dated on the day on which the writ is issued.

 

(5) Except as otherwise provided in these Rules, every suit shall be commenced by a writ of summons issued by the Registrar on oral or written application and ftlled out and signed or marked by the plaintiff.

 

(6) The writ of summons shall be as set out in Form 1 of the First Schedule.

 

(7) A writ of summons shall contain the name and place of abode of the plaintiff and of the defendant and to the extent that they can be ascertained, state briefly and clearly

 

(a) the subject-matter of the claim,

 

(b) the relief sought, and

 

(c) the date of issue, the return-day and the place of hearing.

 

(8) A writ of summons, and any other writ, shall bear the date of the day on which the writ is issued.

 

         (9) A writ which is altered without permission of the Court is void.

 

        (10) A writ shall be served within twelve months after it has been issued.

 

(11) Subject to subrule (11), a writ which is not served within the period specifIed in subrule (9) lapses.

 

(12) Where a writ is not served on a defendant within the time limited for service by this rule, the Court, on an application for extension made to the Court before the day the writ 'expires, may by order extend the validity of the writ for a specifIed period of not more than twelve months at a time, beginning with the day that follows the date on which the writ would otherwise expire.

 (13) Whenever a writ of summons is issued on the application of a person, the Registrar shall immediately give or cause to be given to that person, or the agent of that person a hearing notice as set out in Form 2 or 2A of the First Schedule.

 

 

 

 

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