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DISTRICT COURT (CIVIL PROCEDURE) RULES, 2004

 

      Rule        

 

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.

 

 

 

 

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