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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