General The claimant must subject to the rules and in such time as is prescribed deliver a statement of claim and of the relief or remedy which he claims to be entitled. The defendant shall in accordance with the rules deliver his defence and set off / counterclaim if any. The claimant shall deliver his reply to such defence an set off / counterclaim in […]
Statement of Claim When the procedure is by special summons or summary summons, no statement of claim or other pleadings shall be delivered, except by the order of the court. The court may order such statement of claim or other pleadings as appears to be requisite. Where the procedure is by plenary summons, the claimant may deliver the statement of claim with the plenary summons […]
Failure to Deliver If a party to litigation does not deliver the requisite pleading within the time limit required, the opposing party may apply to court for a judgement in default. The judegment may be given on the basis of the pleading has not been delivered. Where the statement of claim is not delivered when due, the defendant may give notice of his intention to […]
Payment into Court The defendant may at any time after he has entered an appearance and before the case is set down for trial, or at any later time by leave of the Court, on notice to the claimant, pay into Court a sum of money in satisfaction of the claim. A defendant may once, without leave, and upon notice to the claimant, pay into […]
Lodgements and Settlements. The vast majority of cases commenced in the court system are settled without resort to trial. Many cases are settled without commencement of proceedings at all. The law encourages the settlements of cases. The party’s legal advisors should be in a position to assess the relative merits of the case. In a settlement, each party is likely to do less well he […]
Motions. All interlocutory applications to Court and applications authorised by the rules shall be made by motion, unless otherwise provided. They shall be made by motion and notice to the parties concerned, which shall be filed in the Central Office or in the case of other Courts, the appropriate registrar or office. In any case, the Court if satisfied that the delay caused by proceeding […]
Request First Required An application for an order of discovery shall not be made unless the applicant for the same has previously requested by letter, that discovery be made voluntarily, a reasonable period of time for such discovery has been allowed and the party requested has failed, refused or neglected to make such discovery or ignored such request. In a case where by reason of […]
Production of Documents The Court may at any time during pendency of an action, order the production by any party on oath, of such of the documents in his possession or power, relating to any matter in question or cause, as the Court shall think fit. A Court may deal with such documents, when produced, in such manner as shall appear just. Every party to […]
General Case Management The case management provisions were extended to most classes of High Court proceedings in 2016. They apply to any proceedings in the Chancery List or the Non-Jury List of the Court and any other proceedings which the President of the High Court has designated. The 2016 rules do not apply to proceedings admitted to the Commercial List and Competition List which are […]
Pre-trial Conferences Where no case management order has been made in proceedings, the proceedings shall, on being set down for trial, be listed by the Registrar before the List Judge, or such Judge as the List Judge with the approval of the President of the High Court may nominate, for a pre-trial conference. Where a case management order has been made in proceedings, the Judge […]