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C.I. 16         

       SUPREME COURT  RULES  1996

 

PART IV---Original JURISDICTION

45. Action brought to invoke original jurisdiction

(1) Except as otherwise provided in these Rules, an action brought to invoke the original jurisdiction of the Court shall be commenced by writ in the Form 27 set out .in Part IIl of the Schedule to these Rules which shall be signed by the plaintiff or his counsel.

 

(2) The writ shall set out as concisely as possible the nature of the relief sought by the plaintiff and shall state

(a) the full name of the plaintiff and the capacity in which he is

bringing the action;

 

(b) the address of the plaintiff and of his counsel if any, which, shall  

be an address for service;

 

 (c) the names and addresses of all parties who may be directly

affected by the action; and

 

(d) such other particulars as the Court may from time to time direct.

 

(3) A copy of the writ shall be served on each of the parties mentioned in the writ as directly affected who shall be considered as the defendants and on the Attorney-General if not named specifically as a defendant.

 

            (4) The Court may, at anytime on its own motion or on the application of a party, order that any other person shall be made a party to the action in addition to or in substitution for any other party.

 

46. Statement of plaintiff’s case

(1) The plaintiff may file a statement of his case with the writ, or shall in any case within fourteen days of the fi1ing of the writ file the statement of his case.

(2) The statement of the plaintiffs case shall state-

 

(a) the facts and particulars, documentary or otherwise, verified by

     an affidavit, upon which the plaintiff seeks to rely;

 

(b) the number of witnesses to be called, if any; and

 

(c) a list of the decided cases and of the statute law on which the

     plaintiff intends to rely.

 

(3) Where a statement of the plaintiff’s case is not filed within fourteen

days of the filing of the writ, the respondent, may apply to the Court to have the action struck out, 

 

47. Service of writ

The Registrar shall, as soon as practicable after the filing of the statement of the plaintiffs case, serve copies of the statement on the defendant and on the Attorney-General.

 

48. Appearance and statement of defendants case

(1) A defendant upon whom a writ and a statement of the plaintiff s case are served shall, if he wishes to contest the case, within fourteen days of the service of the statement of the plaintiff‘s case, or within such time as the Court upon terms may direct, file a statement of the defendant's case which shall be signed by the defendant or his counsel.

            (2) The statement of the defendant's case shall state-

(a) the facts and particulars, documentary or otherwise, verified by     

                             affidavit, upon which the defendant seeks to rely;

                      (b) the number of witnesses to be called; if any; ...

                      (c) the name and the address for service of his counsel, where he

                           is represented by counsel; and

                        (d) a list of the decided cases and of the statute law on which he

                             seeks to rely.

(3) The Attorney-General, if not mentioned as a defendant may, if he chooses, file an answer within fourteen days of the service on him of the statement of the plaintiff’s case and shall in any case do so when ordered by the Court.

(4) Notwithstanding sub rule (1) to (3) of this rule a plaintiff may apply to the Court for an extension of time within which to fulfil the conditions to be complied with in accordance with these Rules and the Court may, for good and sufficient cause shown, grant an extension of time subject to such conditions as the Court may impose.

 

49. Amendment of writ or statement of case

A writ or statement of the plaintiff’s or of the defendant's case may be amended at any time with the leave of the Court on such terms as the Court may determine.

 

50. Memorandum of agreed issues

(1) The parties may agree to file, or shall, if so ordered by the Court, file a memorandum specifying the issues agreed by them to be tried at the hearing of the action.

(2) The memorandum of agreed issues shall be signed by the parties and may, with the leave of the Court granted upon such terms as the Court may determine, be amended upon the application of the parties.

 

(3) Where the parties cannot agree on the issues each party may file his own memorandum of issues.

 

51. Arguments of law

The Court may, after the memorandum of issues has been submitted to it, order any of the parties to clarify or state fully in writing any further arguments of law with a list of the decided cases and the statute law in support of his case not already dealt with in the statement of his case or in the memorandum of issues.

 

52. Filing of document

The statement of the plaintiff’s case and of the defendant's case as well as the memorandum of issues or the arguments of the law shall be filed with the Registrar.

 

53. Hearing

(1) The Court may, after considering the statement of the plaintiff’s case and of the defendant's case, the memorandum of issues and any arguments of law, decide to determine the action and give judgment in Court on a fixed date without further arguments or may appoint a time at which the parties shall appear before the Court for further arguments in the action.

 

(2) Where the Court decides to hear oral evidence and arguments, the plaintiff shall at such hearing, unless the Court directs otherwise, first open his case and each defendant shall then be entitled to reply to it before any witnesses are called to testify.

 

(3) Any evidence given may either be by oral examination in the court or by affidavit or by deposition taken before an examiner as the Court may direct in accordance with the Form 28 in Part IV of the Schedule.

 

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