High Court (Pre-Trial)

Pleadings Issues

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.… Read the rest

Pleadings II

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.… Read the rest

Pleadings I

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. … Read the rest

Other Disclosure

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. … Read the rest

Lodgements

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.… Read the rest

Lodgement & Offer Issues

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.… Read the rest

Interrogatories

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Interlocutory Orders

Preservation of Position Where by any contract, a prima facie case of liability is established and there is alleged as matter of defence, a right to be relieved wholly or partly of such liability, the Court may make an order for the preservation or interim custody of the subject-matter of the litigation or may order that the amount in dispute be brought into Court or otherwise secured.… Read the rest

Discovery

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.… Read the rest

Case Management II

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.… Read the rest