A 12
[Subsidiary]
CAP. 4] The Rules of the Supreme Court Order 5
[1988 Ed.
Proceedings which must be begun by originating summons (O. 5, r. 3)
3. Proceedings by which an application is to be made to the High Court or a judge thereof under any written law must be begun by originating summons except where by these rules or by or under any written law the application in question is expressly required or authorized to be made by some other means.
This rule does not apply to an application made in pending proceedings.
Proceedings which may be begun by writ or originating summons (O. 5, r. 4)
4. (1) Except in the case of proceedings which by these rules or by or under any written law are required to be begun by writ or originating summons or are required or authorized to be begun by originating motion or petition, proceedings may be begun either by writ or by originating summons as the plaintiff considers appropriate.
(2) Proceedings-
(a) in which the sole or principal question at issue is, or is likely to be, one of the construction of any written law or of any instrument made under any written law or of any deed, will, contract or other document, or some other question of law, or
(b) in which there is unlikely to be any substantial dispute of fact,
are appropriate to be begun by originating summons unless the plaintiff intends in those proceedings to apply for judgment under Order 14 or Order 86 or for any other reason considers the proceedings more appropriate to be begun by writ.
Proceedings to be begun by motion or petition (O. 5, r. 5)
5. Proceedings may be begun by originating motion or petition if, but only if, by these rules or by or under any written law the proceedings in question are required or authorized to be so begun.
Right to sue in person (O. 5, r. 6)
6. (1) Subject to paragraph (2) and to Order 80, rule 2, any person (whether or not he sues as a trustee or personal representative, or in any other representative capacity) may begin and carry on proceedings in the Supreme Court by a solicitor or in person.
(2) A body corporate may not begin or carry on any such proceedings in the Court otherwise than by a solicitor except-
(a) as expressly provided by or under any enactment; or
(b) where leave is given under paragraph (3) for it to be represented by one of its directors.
A 12
[Subsidiary]
CAP. 4] The Rules of the Supreme Court Order 5
[1988 Ed.
Proceedings which must be begun by originating summons (O. 5,
r. 3)
3. Proceedings by which an application is to be made to the High Court or a judge thereof under any written law must be begun by originating summons except where by these rules or by or under any written law the application in question is expressly required or authorized to be made by some other means.
This rule does not apply to an application made in pending proceedings.
Proceedings which may be begun by writ or originating summons
(0.5, r. 4)
4. (1) Except in the case of proceedings which by these rules or by or under any written law are required to be begun by writ or originating summons or are required or authorized to be begun by originating motion or petition, proceedings may be begun either by writ or by originating summons as the plaintiff considers appropriate.
(2) Proceedings-
(a) in which the sole or principal question at issue is, or is likely to be, one of the construction of any written law or of any instrument made under any written law or of any deed, will, contract or other document, or some other question of law, or
(b) in which there is unlikely to be any substantial dispute of
fact,
are appropriate to be begun by originating summons unless the plaintiff intends in those proceedings to apply for judgment under Order 14 or Order 86 or for any other reason considers the proceedings more appropriate to be begun by writ.
Proceedings to be begun by motion or petition (O. 5, r. 5)
5. Proceedings may be begun by originating motion or peti- tion if, but only if, by these rules or by or under any written law the proceedings in question are required or authorized to be so begun.
Right to sue in person (O. 5, r. 6)
6. (1) Subject to paragraph (2) and to Order 80, rule 2, any person (whether or not he sues as a trustee or personal representa- tive, or in any other representative capacity) may begin and carry on proceedings in the Supreme Court by a solicitor or in person.
(2) A body corporate may not begin or carry on any such pro- ceedings in the Court otherwise than by a solicitor except-
(a) as expressly provided by or under any enactment; or (b) where leave is given under paragraph (3) for it to be rep-
resented by one of its directors.
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