A 8
CAP. 336]
District Court Civil Procedure (General) Rules
[1983 Ed.
[Subsidiary]
Commencement of proceedings. L.N. 182/70.
64224/88
No specially endorsed writ procedure. L.N. 182/70.
Endorsement for fixed costs.
(Cap. 336, sub. leg.)
L.N. 182/70.
}
(2) Every action or proceeding in each district shall be numbered in each year according to the order in which the same is commenced.
Commencement of proceedings
12. (1) Subject to the provisions of these rules, and to the provisions of any other enactment, every proceeding in the Court shall be commenced by a writ.
(2) Every writ shall state or have endorsed thereon--
(a) particulars of the plaintiff's claim, specifying the cause of action and the pecuniary or other claim which he seeks to establish or the relief or remedy which he seeks;
(b) where the plaintiff abandons the excess of his claim under section 34 of the Ordinance, the fact of such abandonment; (c) a notification to the defendant that in default of his filing a defence or counterclaim within 8 days of its service upon him, judgment may be obtained against him and enforced without further notice;
(d) such other particulars or notification as may be prescribed or as may from time to time be required by any direction given by the Chief Justice.
(3) Every writ shall be signed by the plaintiff or his solicitor or counsel and shall set out the full postal address of the plaintiff and, where it is signed by his solicitor or counsel, the full postal address of the solicitor for the plaintiff.
Endorsements of writs
13. No writ specially endorsed with a statement of the claim made by the plaintiff, or of the remedy or relief to which he claims to be entitled, for the purpose of obtaining summary judgment thereon, shall issue in the Court, and no provision of the Rules of the Supreme Court relating to specially endorsed writs shall apply to the Court except in so far as any such provision is specially enacted in these rules.
14. (1) Where the plaintiff's claim is for a debt or liquidated demand only, the writ, in addition to stating in the particulars of claim the nature of the claim, the amount claimed for debt or in respect of such demand, and for any interest thereon payable by law or under any contract, express or implied, shall be endorsed with a statement that, on payment thereof and of the amount of the fixed costs allowed by the District Court Civil Procedure (Costs) Rules, within 8 days after service or, in the case of a writ not for service within the jurisdiction, within the time allowed for appearance, further proceedings will be stayed and the defendant will not be liable for further costs.
A 8
CAP. 336]
District Court Civil Procedure (General) Rules
[1983 Ed.
[Subsidiary]
Commencement of proceedings. L.N. 182/70.
64224/88
No specially endorsed writ procedure. L.N. 182/70.
Endorsement for fixed costs.
(Cap. 336, sub. leg.)
L.N. 182/70.
}
(2) Every action or proceeding in each district shall be num- bered in each year according to the order in which the same is commenced.
Commencement of proceedings
12. (1) Subject to the provisions of these rules, and to the provisions of any other enactment, every proceeding in the Court shall be commenced by a writ.
(2) Every writ shall state or have endorsed thereon--
(a) particulars of the plaintiff's claim, specifying the cause of action and the pecuniary or other claim which he seeks to establish or the relief or remedy which he seeks;
(b) where the plaintiff abandons the excess of his claim under section 34 of the Ordinance, the fact of such abandonment; (c) a notification to the defendant that in default of his filing a defence or counterclaim within-8 days of its service upon him, judgment may be obtained against him and enforced without further notice;
(d) such other particulars or notification as may be prescribed or as may from time to time be required by any direction given by the Chief Justice.
(3) Every writ shall be signed by the plaintiff or his solicitor or counsel and shall set out the full postal address of the plaintiff and, where it is signed by his solicitor or counsel, the full postal address of the solicitor for the plaintiff.
Endorsements of writs
13. No writ specially endorsed with a statement of the claim made by the plaintiff, or of the remedy or relief to which he claims. to be entitled, for the purpose of obtaining summary judgment thereon, shall issue in the Court, and no provision of the Rules of the Supreme Court relating to specially endorsed writs shall apply to the Court except in so far as any such provision is specially enacted in these rules.
14. (1) Where the plaintiff's claim is for a debt or liquidated demand only, the writ, in addition to stating in the particulars of claim the nature of the claim, the amount claimed for debt or in respect of such demand, and for any interest thereon payable by law or under any contract, express or implied, shall be endorsed with a statement that, on payment thereof and of the amount of the fixed costs allowed by the District Court Civil Procedure (Costs) Rules, within 8 days after service or, in the case of a writ not for service within the jurisdiction, within the time allowed for appearance, further proceedings will be stayed and the defendant will not be liable for further costs.
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