1988 Ed.]
The Rules of the Supreme Court Order 5
[CAP. 4
A 11
[Subsidiary]
(b) that the rights to relief claimed therein are in respect of or arise out of the same transaction or series of transactions,
or
(c) that for some other reason it is desirable to make an order
under this rule,
the Court may order those causes or matters to be consolidated on such terms as it thinks just or may order them to be tried at the same time, or one immediately after another, or may order any of them to be stayed until after the determination of any other of them.
(2) Where the Court makes an order under paragraph (1) that two or more causes or matters are to be tried at the same time but no order is made for those causes or matters to be consolidated, then, a party to one of those causes or matters may be treated as if it were a party to any of those other causes or matters for the purpose of making an order for costs against him or in his favour.
ORDER 5
MODE OF BEGINNING CIVIL PROCEEDINGS IN THE HIGH COURT
Mode of beginning civil proceedings (O. 5, r. 1)
1.
Subject to the provisions of any written law and of these rules, civil proceedings in the High Court may be begun by writ, originating summons, originating motion or petition.
Proceedings which must be begun by writ (O. 5, r. 2)
2. Subject to any provision of any written law, or of these rules, by virtue of which any proceedings are expressly required to be begun otherwise than by writ, the following proceedings must, notwithstanding anything in rule 4, be begun by writ, that is to say, proceedings-
(a) in which a claim is made by the plaintiff for any relief or
remedy for any tort, other than trespass to land;
(b) in which a claim made by the plaintiff is based on an
allegation of fraud;
(c) in which a claim is made by the plaintiff for damages for breach of duty (whether the duty exists by virtue of a contract or of a provision made by or under any written law, or independently of any contract or any such provision), where the damages claimed consist of or include damages in respect of the death of any person or in respect of personal injuries to any person or in respect of damage to any property;
(d) in which a claim is made by the plaintiff in respect of the
infringement of a patent.
1988 Ed.]
The Rules of the Supreme Court Order 5
[CAP. 4
A 11
[Subsidiary]
(b) that the rights to relief claimed therein are in respect of or arise out of the same transaction or series of transactions,
or
(c) that for some other reason it is desirable to make an order
under this rule,
the Court may order those causes or matters to be consolidated on such terms as it thinks just or may order them to be tried at the same time, or one immediately after another, or may order any of them to be stayed until after the determination of any other of them.
(2) Where the Court makes an order under paragraph (1) that two or more causes or matters are to be tried at the same time but no order is made for those causes or matters to be consolidated, then, a party to one of those causes or matters may be treated as if it were a party to any of those other causes or matters for the purpose of making an order for costs against him or in his favour.
ORDER 5
MODE OF BEGINNING CIVIL PROCEEDINGS IN THE HIGH COURT
Mode of beginning civil proceedings (O. 5, r. 1)
1.
Subject to the provisions of any written law and of these rules, civil proceedings in the High Court may be begun by writ, originating summons, originating motion or petition.
Proceedings which must be begun by writ (O. 5, r. 2)
2. Subject to any provision of any written law, or of these rules, by virtue of which any proceedings are expressly required to be begun otherwise than by writ, the following proceedings must, notwithstanding anything in rule 4, be begun by writ, that is to say, proceedings-
(a) in which a claim is made by the plaintiff for any relief or
remedy for any tort, other than trespass to land;
(b) in which a claim made by the plaintiff is based on an
allegation of fraud;
(c) in which a claim is made by the plaintiff for damages for breach of duty (whether the duty exists by virtue of a contract or of a provision made by or under any written law, or independently of any contract or any such provi- sion), where the damages claimed consist of or include damages in respect of the death of any person or in respect of personal injuries to any person or in respect of damage to any property;
(d) in which a claim is made by the plaintiff in respect of the
infringement of a patent.
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