Parties

Claimant Issues

Where the claimant sues in a representative capacity, this must be stated.  Where he sues as assignee, the name of the assignor and the date of the assignment must be set out.

All persons may be joined in one action as claimant in whom any right to relief in respect of or arising out of the same transaction is alleged to exist whether jointly, severally or in the alternative, where if such persons brought separate actions, any common question of law or fact would arise.  If upon a motion on notice by any defendant, it shall appear that joinder may embarrass or delay the trial, the Judge may order separate trials or make such other orders as might be required.

In general, no person may be made a claimant without his consent. Third parties persons may be joined as defendants against whom the right to any relief is alleged to exist, whether jointly, severally or in the alternative.  Where the claimant is in doubt as to the person from whom he is entitled to redress, he may join two or more defendants so that  the question as to which, if any defendant, is liable and to what extent may be determined as between all parties.

It is not necessary that all defendants are interested in the relief sought or are relevant to every claim / cause of action included in the proceedings.  The Judge may make such order as may appear just, in order to prevent any defendant from being embarrassed or put to expense by being required to attend the proceedings in which he has no interest.

The claimant at his option may join as defendants to the same action,  any of the persons severally or jointly and severally liable on one contract, including parties to bills of exchange and promissory notes.

No action or claim is to be defeated by reason of the mis-joinder or non-joinder of any party.  The Judge may in every cause or action, deal with the subject in controversy insofar as regard the rights and interests of the parties actually before him.

Adding and Removing Parties

The Judge may at any stage of the proceedings, either upon or without application of either party and on such terms as appear just, order that the name of any party, whether claimant or defendant, who has been improperly joined, be struck out and the name of any person who ought to have been joined as a party whose presence before the Court may be necessary to enable the Judge to adjudicate upon and settle the matters involved in the claim, be added as a claimant or defendant.

No person shall be added as a claimant without his consent.  There are exceptions for persons who sue through representatives such as a next friend or guardian.  Every person whose name is added as a defendant shall be served with a Civil Bill in such manner as may be prescribed by order of the court. The action shall be deemed to have begun only on service of such Civil Bill.

Persons Lacking Capacity

An infant may sue by his next friend.  A written authority authorising commencement and prosecution of the suit on behalf of the infant and to the use of name of such person as next friend, shall be signed by such person.  An infant may defend by his guardian ad litem appointed for that purpose.

Where proceedings have  been brought by, on behalf of or against an infant, the Court may appoint a next friend or guardian ad litem (for the purpose of litigation) to act on behalf of such infant.  It may change any next friend or guardian ad litem and appoint another in his place.  It may direct that any money or personal property to which the infant may be declared entitled in proceedings be secured or invested for the benefit of such infant as the Court directs.

A person of unsound mind whether or not so formally found, may sue by his committee or next friend. He may defend by a committee or by guardian ad litem appointed for that purpose under the Rules.  Trustees and executors and administrators may sue or be sued as representing the property or estate of which they are trustees or representatives, without joining the persons beneficially interested.

They should be considered as representing such party.  The Judge, at any stage in the proceedings, may order any such persons to be made party, in addition to or in substitution for the existing parties.

Various

Save in claims founded on tort, when there are numerous persons having the same interest in one action or matter, one or more such persons may sue and be sued or may be authorised by the Judge to defend, in such action on behalf of or for the benefit of all others who are interested.

In proceedings for the  recovery of land, any tenant, under-tenant or other person in actual possession of property sought to be recovered or any part it, may be named as defendant.  The Civil Bill shall be directed at such tenant, sub-tenant, or other person, and all persons concerned.  In such case, persons not mentioned or served with the Civil Bill may by leave of the Judge appear at the hearing. The Court may deal with them as if he had originally served with the Civil Bill as defendant.

Civil Bills for ejectment on title and for establishing title to land, other than ejectment for overholding and non-payment of rent, are to be headed “Title Jurisdiction”.  They shall contain statement of the rateable valuation of land and shall show jurisdiction.

Where in proceedings for the administration of an estate of a deceased person or for the execution of a trusts, partition, a judgment has been given affecting the rights or interests of persons who are not parties, the Court may direct that the persons so interested shall be served with notice of the judgment and that after such notice shall be bound by the proceedings, in such manner as if they had been originally made parties.

They shall be at liberty to attend the proceedings under the judgment or order.  Persons so served may within one month after service, apply to the Court to vary, discharge or add to the said judgment or order.

Where in an action, a defendant claims as against person not already a party

• that he is entitled to contribution or indemnity;
• that he is entitled to any relief or remedy related to or connected with the original subject matter of the action and substantially the same as some relief or remedy claimed by the claimant;
• that any question or issue relating to or connected with the subject matter is substantially the same as some question or issue arising as between claimant and defendant and should properly be determined not only as between the claimant and defendant but as between the claimant and defendant and the third party or between any or either of them.

then the Court may grant leave to the defendant to issue and serve a third party notice.  It may give liberty to the third party to appear at the trial and take part therein as may be just, give such directions as to the Court considers proper for having any question or the rights or liabilities of the parties most conveniently determined and enforced and the mode and extent to which the third party shall be bound or made liable by the decision or judgment in the action.

An application for leave to join a third party is to be made by motion on notice to the claimant.  The claimant need not attend unless he wishes to add the third party.  He is not entitled to costs in relation to the motion, except by a special direction of Court. The application may be made after an Appearance is entered and at any time before trial.  The application shall state the nature and grounds of the claim or issue sought to be determined and all information required to be set out in an indorsement to a Civil Bill.

The third party notice shall be issued and served in the same way as a Civil Bill, within 21 days of the making of the order, unless the Court otherwise direct.  A copy of the Civil Bill and defence together with a copy of the order joining the third party shall be served with the third party notice.  It shall also be served on the claimants.

Where the third party is joined, an amended Civil Bill together with a copy of the order joining the third party as a defendant shall be served upon all defendants by the claimant within 21 days, unless otherwise directed by the Court.  The amended defence of an original defendant to the proceedings shall be served on the claimant within 10 days from the date of service of the amended Civil Bill.

The third party shall be a party to the action from being served and have the same rights of defence against any claim as if he had been sued in the ordinary way as defendant.  He shall be entitled to be served with all pleadings in the proceedings by the party filing or delivering the same.

The third party notice shall call upon the third party to enter an appearance within a period of not less than 10 days, to answer the defendant’s claim.  It shall warn him of the consequences of failure to do so.  A late entry of appearance may be accepted.

Where the third party enters an appearance, he shall deliver his defence within 10 days or such further period as may be allowed by the Court or consented to in the proceedings.  After the third party enters an appearance and before the expiration of the time limited for the delivery of defence, he may, after serving notice of the intended application upon the claimant and all defendants, apply to Court to vary any directions given by the Court under the third party order.

The Court may decide all questions of costs as between third party and the other parties to the action. It may order any one or more parties to pay the costs of any other or give directions generally as to costs, as the justice of the case may require.

Joinder of Claims

Generally, two or more claims may be made in one originating document either alternatively or otherwise.  The claims must not be mutually inconsistent or based on inconsistent allegations of fact.  If it appears to the Judge that the claims joined in an action or matter cannot be conveniently tried together, he may order separate trials or may exclude any claim, and may order the record to be amended accordingly, making such order for costs as may be just.

No claim may be joined with another for recovery of land except for mesne rates or arrears of rent or double rent in connection therewith and damages for breach of contract under which the land or any part, is held or for any wrong or injury to the land.  An action for redemption and a motion for delivery by a defendant of possession of mortgaged property, shall not be deemed a claim for the recovery of land for this purpose.

Change of Parties I

Actions may continue notwithstanding death or bankruptcy or the fact that there is an assignment or other devolution of the assets. Actions do not cease because of the death or bankruptcy of a party, provided the type of action is not the one that ceases on death.  There is now a very narrow category of such actions only, principally those relating to personal injuries.

There is no abatement of an action whatsoever irrespective of whether it is a type of action that survives on death by the death of a party between the verdict, finding of facts in the judgment or the pronouncement or recording of the judgment or order.

In the case of death, bankruptcy or transfer of estate by operation of law, of any party to the matter, the Judge may, if it is deemed necessary for the complete settlement of questions involved, order that the personal representative, assignee, trustee, or other successor be served with a notice on such terms as the Judge thinks just.  The Judge shall make an order for the disposal of the action, proceeding or matter, as may be just.

In case of an assignment, cessation  or devolution of any estate or title, the action, may be continued by or against the person to or upon whom such estate has come to be delivered or devolved.

Change of Parties II

Where, by reason of death or bankruptcy or other event causing a change or transmission of interest or liability, by reason of any persons interested coming into existence after the commencement, it becomes necessary that any party who was not already a party should be made a party or that a party should become a party in another capacity, an order that the proceeding shall be carried on between the continuing parties or such new parties, may be applied for and obtained ex parte to the Court upon proof of the relevant change, transmission etc.

Where a guardian ad litem has been appointed in the action, he shall be served with the order. He may apply to the Court to discharge or vary the order within ten days.

Where a party to an action dies, but the claims survives, but the party entitled to proceed fails to proceed, the defendant or other person against whom the action may be continued may apply by notice of motion to compel the claimant or the person entitled to proceed, to proceed within such time as may be ordered.  In default of proceeding, judgment may be entered for or an order made in favour of the defendant or as the case may be, in favour of the person against whom the action, proceeding, or matter, might have continued.