A 18
CAP. 336]
District Court Civil Procedure (General) Rules
[1983 Ed.
[Subsidiary]
Pleadings to follow Rules of Supreme Court.
L.N. 182/70.
Extension of time for filing of pleadings.
L.N. 182/70.
Further particulars and amendment of pleadings.
L.N. 182/70.
L.N. 163,81.
(a) denies the conviction or finding; or
(b) alleges that it was erroneous; or
(c) denies that it is relevant to any issue in the action,
he shall make the denial or allegation in his defence.
37. Save as the Court may otherwise allow, the provisions of the Rules of the Supreme Court relating to the form and contents of pleadings shall apply to proceedings in the Court.
38. The Court may, whether before or after the time limited for the filing of any pleading and whether such limitation be by these rules or by the Court, extend the time allowed therefor on such terms as it may think fit.
38A. (1) Whenever it appears to the Court that the particulars of
(a) any claim or counterclaim-
(i) do not comply with these rules;
(ii) do not adequately disclose a cause of action;
(iii) fail to cover facts which, if proved, would establish the jurisdiction of the Court; or
(iv) are otherwise insufficient; or
(b) any defence or defence to counterclaim-
(i) do not comply with these rules;
(ii) do not disclose an adequate defence;
(iii) are otherwise insufficient,
the Court may, either upon the application of a party or of its own motion and on such terms as it thinks fit, order that the particulars be struck out or amended in such manner as it shall direct or that further and better particulars be filed within a limited period.
(2) The provisions of rule 35(1) and (2) shall apply to the filing of further and better particulars ordered to be filed under paragraph (1).
(3) If a party requires further or better particulars of any other party's case he may, at any time before the Court has fixed a date for the trial, give notice to the opponent specifying what further or better particulars he requires, and the other party shall, within 5 days of the service of the notice, file such further or better particulars as may properly be required and within the same time deliver a copy thereof to the party requiring the particulars.
(4) If a notice under paragraph (3) is not complied with, the Court, either before or at the trial, if it is satisfied that the party requiring the particulars is thereby prejudiced, may—
(a) order the further or better particulars to be filed and delivered; and
A 18
CAP. 336]
District Court Civil Procedure (General) Rules
[1983 Ed.
[Subsidiary]
Pleadings to follow Rules of Supreme Court.
L.N. 182/70.
Extension of
time for filing of pleadings.
L.N. 182/70.
Further
particulars and amendment of pleadings.
L.N. 182/70.
L.N. 163,81.
(a) denies the conviction or finding; or
(b)
alleges that it was erroneous; or
(c) denies that it is relevant to any issue in the action,
he shall make the denial or allegation in his defence.
37. Save as the Court may otherwise allow, the provisions of the Rules of the Supreme Court relating to the form and contents of pleadings shall apply to proceedings in the Court.
38. The Court may, whether before or after the time limited for the filing of any pleading and whether such limitation be by these rules or by the Court, extend the time allowed therefor on such terms as it may think fit.
38A. (1) Whenever it appears to the Court that the parti- culars of
(a) any claim or counterclaim-
(i) do not comply with these rules;
(ii) do not adequately disclose a cause of action;
(iii) fail to cover facts which, if proved, would establish the jurisdiction of the Court; or
(iv) are otherwise insufficient; or
(b) any defence or defence to counterclaim-
(i) do not comply with these rules;
(ii) do not disclose an adequate defence;
(iii) are otherwise insufficient,
the Court may, either upon the application of a party or of its own motion and on such terms as it thinks fit, order that the particulars be struck out or amended in such manner as it shall direct or that further and better particulars be filed within a limited period.
(2) The provisions of rule 35(1) and (2) shall apply to the filing of further and better particulars ordered to be filed under paragraph (1).
(3) If a party requires further or better particulars of any other party's case he may, at any time before the Court has fixed a date for the trial, give notice to the opponent specifying what further or better particulars he requires, and the other party shall, within 5 days of the service of the notice, file such further or better particulars as may properly be required and within the same time deliver a copy thereof to the party requiring the particulars.
(4) If a notice under paragraph (3) is not complied with, the Court, either before or at the trial, if it is satisfied that the party requiring the particulars is thereby prejudiced, may—
(a) order the further or better particulars to be filed and
delivered; and
F
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